Supplementary Material to the Economic Analysis for the Final Revised Definition of ‘Waters of the United States Rule

Supplementary Material to the
Economic Analysis for the

Final:

"Revised Definition of6Waters of
the United States'" Rule

U.S. Environmental Protection Agency

and

Department of the Army

December 2022

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I.	State-by-State Program Descriptions	1

II.	Tribe-by-Tribe CWA Authorization	92

III.	Reference s	218

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Acronyms

Agencies	Environmental Protection Agency and U.S. Army Corps of Engineers

Army	Department of Army

AJD	Approved Jurisdictional Determinations

ATTAINS	Assessment and Total Maximum Daily Load Tracking and Implementation
System

CERCLA	Comprehensive Environmental Response, Compensation, and Liability Act

CFR	Code of Federal Regulations

Corps	U.S. Army Corps of Engineers

CWA	Clean Water Act

DA	District Attorney

DEM	Department of Environmental Management

DEP	Department of Environmental Protection

DNR	Department of Natural Resources

EPA	Environmental Protection Agency

FEMA	Federal Emergency Management Agency

FRP	Facility Response Plan

FWPA	Freshwater Wetlands Protection Act

FY	Fiscal Year

GIS	Geographic Information Systems

ICIS-NPDES	Integrated Compliance Information System National Pollutant Discharge
Elimination System

IR	Interpretive Rule

JDs	Jurisdictional Determinations

NED	National Elevation Dataset

NFPA	National Fire Prevention Association

NPDES	National Pollutant Discharge Elimination System

NHD	National Hydrography Dataset

NHDPlus	National Hydrography Dataset Plus

NPDES	National Pollutant Discharge Elimination System

NRC	National Response Center

NRCS	Natural Resources and Conservation Service

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NRPA	Natural Resources Protection Act

NWI	National Wetlands Inventory

MassDEP	Massachusetts Department of Environmental Protection

ORM2	Operation and Maintenance Business Information Link, Regulatory Module

PJD	Preliminary Jurisdictional Determinations

PPT	Parts per Thousand

PSTR	Petroleum Storage Tank Remediation

RPW	Relatively Permanent Waters

RPA	Resource and Programmatic Assessment

SDWIS/FED	Safe Drinking Water Information System/Federal Version

SPAs	Source Protection Areas

SPCC	Spill Prevention, Control, and Countermeasure

SWANCC	Solid Waste Agency of Northern Cook County v. United States Army Corps
of Engineers, 531 U.S. 159 (2001)

TMDLs	Total Maximum Daily Load determinations

TNW	Traditional Navigable Water

UAA	Use Attainability Analysis

USGS	U.S. Geological Survey

WBD	Watershed Boundary Dataset

WQS	Water Quality Standards

WRRDA Water Resources Reform and Development Act

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Compendium of State and Tribal Regulatory Practice

I. State-by-State Program Descriptions

1. OVERVIEW

States play an important role in managing water resources across the country and implementing
Clean Water Act (CWA) programs. This appendix provides a snapshot of the current status of
states, including the District of Columbia and the U.S. Territories, regarding CWA programs,
definitions of state waters, and the scope of state jurisdiction, as well as additional information
on state-level regulations and/or policies that affect waters of the state. The U.S. Environmental
Protection Agency (EPA) and the Department of the Army (Army) ("the agencies") compiled
this information to describe the breadth of state authorities and to provide a current picture of
state regulatory management of water resources.

For the purpose of this snapshot, the agencies compiled information from multiple state and
federal sources, as well as from previous analyses undertaken by independent associations and
institutions. Information on the various CWA programmatic areas (e.g., CWA section 303, 311,
401, 402, and 404 programs) was drawn from agency websites, numerous publications, maps,
and from EPA regional staff. The agencies gathered information on state and territorial water
laws and programs through state and territorial agency websites. The agencies have identified
where states have authorities to implement CWA programs. Where states do not have authority
to implement CWA programs, the agencies have attempted to identify where states regulate
activities through permit programs or other similar mechanisms.

In determining where states regulate waters that are not federally jurisdictional under the CWA,
the agencies relied primarily on state laws and regulations, identified through publicly available
resources. However, some states implement dredge and fill programs in non-federally
jurisdictional waters as directed by implementation guidance and policies that may not be
available in the databases the agencies used. Thus, the agencies also relied on information
contained in the 2013 Environmental Law Institute (ELI) report entitled "State Constraints:
State-Imposed Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope
of the Federal CWA."1 While the agencies recognize that there have been concerns regarding
other findings in the ELI report, to date they are not aware of any critiques of the report's
findings regarding the ability of those states identified in the report as being able to regulate
discharges of dredged or fill material into waters outside the scope of the CWA.

Definitions for state and territorial waters, including wetlands, were drawn from online
directories of regulatory titles and codes, and thus directly from state laws. Many state
definitions of "wetlands" rely directly or indirectly on the federal regulatory definition of
"wetlands," as follows:

"Wetlands are areas that are inundated or saturated by surface or ground water at a

frequency and duration sufficient to support, and that under normal circumstances do

1 Environmental Law Institute. 2013. State Constraints: State-Imposed Limitations on the Authority of Agencies to Regulate
Waters Beyond the Scope of the Federal CWA. ELI Project No. 0931-01.

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support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and similar areas."2

An earlier draft of these summaries was shared with state and territorial agencies for
corrections.3 Following the June 9, 2021 Declarations from the EPA and Army which set the
intention for a revision to the definition of "waters of the United States," this document was
further updated to reflect changes which have occurred since the 2020 Navigable Waters
Protection Rule (2020 NWPR) was implemented.4 The agencies also sought comment on the
findings as part of the notice and comment process for this rulemaking.

2. AI -ABAMA

Definition of Waters of the State:

• All waters of any river, stream, watercourse, pond, lake, coastal, ground or surface water,
wholly or partially within the state, natural or artificial. This does not include waters
which are entirely confined and retained completely upon the property of a single
individual, partnership or corporation unless such waters are used in interstate
commerce.5

Definition of Wetlands:

Those areas delineated pursuant to the technical criteria described in the Federal Wetland
Delineation Manual that is currently being used by the Corps and/or any updated manual that
may be used in the future. Wetlands do not include those areas which exist solely due to man-
induced conditions such as roadside ditches or man-made impoundments excepting those areas
created as mitigation sites.6
Those areas as defined by the Corps regulations.7

No Net Loss Goal for Wetlands:

• Does not have a no net loss goal for wetlands.8

Additional State Conditions and Requirements:

No limitations identified.

303 Water Quality Standards:

2 33 CFR 328.3(c) and 40 CFR 232.2 (2014); 33 CFR 328.3(c)(1) and 40 CFR 120.2(c)(1) as codified in this final rule.

3 The agencies shared an earlier draft of this assessment with states and territories during the rulemaking process for the 2020
Navigable Waters Protection Rule (2020 NWPR) and received responses to the draft assessments from twenty-four states and
two territories from all regions of the country. Of those responses, twenty-five were from that state or territory department for the
environment or natural resources, and one was from the department of public health. These responses can be found in the 2020
NWPR docket at EPA-HQ-OW-2018-0149-0075, available at https://www.regulations.gov/document?D=EPA-HO-OW-2Q 18-
0149-0075.

4 Declarations of Radhika Fox and Jaime A. Pinkham, filed in Conservation Law Found, et al. v. EPA et al., 20-cv-10820-DPW
(D. Mass. Jun. 9, 2021) as well as in every other district court challenge to the 2020 NWPR.

5 Ala. Code section 22-22-1(2).

6 Ala. Admin. Code r. 335-8-l-.02(nnn).

7 Ala. Admin. Coder. 335-13-l-.03(146).

8 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at

https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

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Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 4 in coordination with the state of Alabama.
Facilities with aboveground storage tanks must register with state, completing a form with
location, tanks capacity, substance store and use. State has a spill trust fund, and facilities must
comply with state of Alabama Department of Environmental Management code and 40 CFR part
112 to be eligible to access trust fund.9

State code authorizes cost recovery for spills and related damages.10

401 Certification:

• The state has authority to certify, conditionally certify, waive review, or deny

certification of federal permits and licenses. Without certification or waiver the federal
agency cannot issue the permit or license.

402 NPDES Program:

EPA has approved the state of Alabama to administer the NPDES permitting program. The state
issues its permits through the Alabama Department of Environmental Management. Alabama has
an authorized NPDES permit program, pretreatment program, general permits program, and is
authorized to regulate federal facilities. Alabama does not have an authorized biosolids
program.11

EPA has issued one NPDES permit for aquaculture in offshore waters.12

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has state authority to issue permits for dredged and fill activities in coastal surface waters and
wetlands13 and submerged lands.14

Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the 2020 NWPR

Regulatory Change: New state permit for CAFOs allows ADEM Administrator to
determine jurisdictional status of waters CAFOs discharge into, untethered from CWA
definitions of WOTUS, or statutory or regulatory definitions of Waters of the State.15

Definition of Waters of the State:

Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks,
estuaries, marshes, inlets, straits, passages, canals, the Pacific Ocean, Gulf of Alaska, Bering Sea,

9 Ala. Admin. Code chapter 335-6-15.

10 Ala. Code section 22-22-9.

11 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

12 EPA, Alabama NPDES Permits, available at https://www.epa.gov/npdes-permits/alabama-npdes-permits.

13 Ala. Admin. Code r. 335-8-2-.02. State regulations require mitigation through the creation or restoration of wetlands when
there are wetland impacts resulting from an approved project. Ala. Admin. Code r. 335-8-2-.03.

14 Ala. Admin. Code r. 220-4-.01 et seq.

15 Ala. Admin. Code r. 335-6-7-. 11

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and Arctic Ocean, in the territorial limits of the state, and all other bodies of surface or
underground water, natural or artificial, public or private, inland or coastal, fresh or salt, which
are wholly or partially in or bordering the state or under the jurisdiction of the state.16

Definitions of Wetlands:

Freshwater wetlands: environments characterized by rooted vegetation that is partially
submerged either continuously or periodically by surface freshwater with less than 0.5 parts per
thousand salt content and not exceeding three meters in depth.17
Saltwater wetlands: coastal areas along sheltered shorelines characterized by halophilic
hydrophytes and macro algae extending from extreme low tide to an area above extreme high
tide that is influenced by sea spray or tidally induced water table changes.18

No Net Loss Goal for Wetlands:

• Has a formal no net loss goal for wetlands.19

Additional State Conditions and Requirements:

No limitations identified.

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 10 in coordination with the state of Alaska.
Facilities with small aboveground storage tanks are regulated by State Fire Marshal. State
regulates facilities with larger storage capacities (>420,000 gallons for refined products; lower
for crude oil); state relies on EPA's SPCC regulations for facilities (>1,320 up to 420,000
gallons).20

State code authorizes cost recovery for spills and related damages; state has a spill trust fund.21

401 Certification:

The state has authority to certify, conditionally certify, waive review, or deny certification of
federal permits and licenses. Without certification or waiver the federal agency cannot issue the
permit or license.

402 NPDES Program:

EPA has approved the state of Alaska to administer the NPDES permitting program. The state
issues its permits through the Alaska Department of Environmental Conservation. Alaska has an
authorized NPDES permit program, pretreatment program, general permits program, and is
authorized to regulate federal facilities. Alaska does not have an authorized biosolids program.22

16 Alaska Stat, section 46.03.900(37).

17 Alaska Admin. Code tit. 18, section 75.990(44).

18 Alaska Admin. Code tit. 18, section 75.990(110).

19 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

20 Alaska Admin. Code tit. 18, chapter 15.

21 Alaska Stat, sections 46.03.822, 46.03.824, 46.03.758-759, 46.08.005 etseq.

22 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

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EPA issues all NPDES permits for federally-owned facilities located in Denali National Park;

facilities operating outside State waters (three miles offshore); facilities that have been issued

Clean Water Act Section 301(h) waivers; and all permits on tribal lands.23

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has state authority to issue permits for dredged and fill activities in submerged lands.24

Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the 2020 NWPR: No Change

4. AMERICAN SAMOA

Definition of Waters of the Territory:

• Waters of the United States as defined in 40 CFR 122.2, as well as those that are located
within the jurisdiction of the territory.25

Definition of Wetlands:

• Those areas that are inundated or saturated by ground or surface water at a frequency and
duration sufficient to support, and under normal circumstances do support, a prevalence
of vegetation typically adapted for life in saturated soil conditions. Wetlands generally
include, but are not limited to, swamps, marshes, mangroves, streams, springs, cultivated
marshes, and similar areas.26

Additional Territory Conditions and Requirements:

• No limitations identified.

303 Water Quality Standards:

• Has EP A-approved WQ S.

311 Oil Spill Prevention, Preparedness and Response:

• Territory does not have an aboveground storage tank management or regulatory program
and relies on EPA to directly implement federal spill prevention and preparedness
regulations.

401 Certification:

• The territory has authority to certify, conditionally certify, waive review or deny
certification of federal permits and licenses. Without certification or waiver the federal
agency cannot issue the permit or license.

402 NPDES Program:

• EPA issues all NPDES permits within American Samoa.27

404 Dredged and Fill Permitting:

23 EPA, Alaska NPDES Permits, available at https://www.epa.gov/npdes-permits/alaska-npdes-permits.

24 Alaska Stat, section 38.05; 11 AAC 61.010 et seq.

25 American Samoa Admin. Code section 24.0201.

26 Id.

27 EPA, American Samoa NPDES Permits, available at https://www.epa.gov/npdes-permits/american-samoa-npdes-permits.

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• Has not assumed the 404 program.

• Has territory authority to issue permits for dredged and fill activities in coastal surface
waters and wetlands.28

• Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the 2020 NWPR: No Change

5. ARIZONA
Definition of Waters of the State:

All waters within the jurisdiction of the state including all perennial or intermittent streams,
lakes, ponds, impounding reservoirs, marshes, watercourses, waterways, wells, aquifers, springs,
irrigation systems, drainage systems, and other bodies or accumulations of surface, underground,
natural, artificial, public or private water situated wholly or partly in or bordering on the state.29

Definition of Wetlands:

An area that is inundated or saturated by surface or groundwater at a frequency and duration
sufficient to support, and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. A wetland includes a swamp,
marsh, bog, cienega, tinaja, and similar areas.30

No Net Loss Goal for Wetlands:

Does not have a no net loss goal for wetlands.31

Additional State Conditions and Requirements:

The Governor's Regulatory Review Council is prohibited from approving a state rule that is
more stringent than a corresponding federal law unless there is a statutory authority to exceed the
requirements of that federal law.32

Arizona Department of Environmental Quality also must ensure that all state laws, rules,
standards, permits, variances, and orders are adopted and construed to be consistent with and no
more stringent than the corresponding federal law that addresses the same subject matter.33
Department of Environmental Quality is specifically prohibited from adopting any requirement
that is more stringent than the point source permitting requirements under the federal CWA.34

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 9 in coordination with the state of Arizona.

28 American Samoa Admin. Code sections 26.0201 et seq.

29 Ariz. Rev. Stat, section 49-201(41).

30 Ariz. Admin. Code section 18-11-101(49).

31 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

32 Ariz. Rev. Stat, section 41-1052.

33 Ariz. Rev. Stat, section 49-104.

34 Ariz. Rev. Stat, section 49-203.

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Facilities with aboveground storage tanks must register with State Fire Marshal.35

State code authorizes cost recovery for spills and related damages; state has a spill trust fund.36

401 Certification:

402 NPDES Program:

EPA has approved the state of Arizona to administer the NPDES permitting program. The state
issues its permits through the Arizona Department of Environmental Quality. Arizona has an
authorized NPDES permit program, pretreatment program, general permits program, biosolids
program, and is authorized to regulate federal facilities.37
EPA issues all NPDES permits on tribal lands.38

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has state authority to issue permits for dredged and fill activities in submerged lands.39
Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the 2020 NWPR

• Legislative Change40

o "Surface Water Protection Program" (HB 2691), enacted in May 2021, will allow ADEQ
to protect specifically listed non-WOTUS surface waters of the state. The legislation
applies to some specific waters, and to other waters used as sources of drinking water, for
fishing, and for recreation. It also applies to perennial or intermittent waters that cross
state, tribal, and nation boundaries, and to wetlands adjacent to the waters on the list.

• Proposed Change41

o ADEQ has issued a draft list of protected surface waters, largely based on existing Corps
JDs, and screening tools which have not been released to the public yet.

6. ARKANSAS

Definition of Waters of the State:

All streams, lakes, marshes, ponds, watercourses, waterways, wells, springs, irrigation systems,
drainage systems, and all other bodies or accumulations of water, surface and underground,

35 Ariz. Admin. Code sections 4-36-201 etseq.

36 Ariz. Rev. Stat, sections 49-285, 49-262, 49-282.

37 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

38 EPA, Arizona NPDES Permits, available at https://www.epa.gov/npdes-permits/arizona-tribal-lands-npdes-permits-excluding-
navaio-nation.

39 Ariz. Rev. Stat sections 37-1101, 1153.

40 HB2691 passed 5/5/21: https://www.azleg.gov/legtext/551eg/lR/laws/0325.pdf

41 Draft/proposed implementation tools. WOTUS "Screening Toolkit": https://azdeq.gov/ScreeningToolkit: Draft Protected
Surface Water List: https://static.azdeq.gov/wqd/wotus/pswl.pdf

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natural or artificial, public or private, which are contained within, flow through, or border upon
this state or any portion of the state.42

Definition of Wetlands:

An area that has water at or near the surface of the ground at some time during the growing
season (wetland hydrology). It contains plants that are adapted to wet habitats (hydrophytic
vegetation) and is made up of soils that have developed under wet conditions (hydric soils) or
any other definition promulgated by the Commission.43

No Net Loss Goal for Wetlands:

Does not have a no net loss goal for wetlands.44

Additional State Conditions and Requirements:

The Arkansas Pollution Control and Ecology Commission is subject to stringency requirements;
prior to promulgating certain rules and regulations that are more stringent than federal
requirements the Commission must consider its economic impact on and environmental benefit
for the people of Arkansas.45

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 6 in coordination with the state of Arkansas.
Facilities with aboveground storage tanks must register tanks with the state and are subject to
inspection by the state.46

State code authorizes cost recovery for spills and related damages; state has a spill trust fund.47

401 Certification:

402 NPDES Program:

EPA has approved the state of Arkansas to administer the NPDES permitting program. The state
issues its permits through the Arkansas Division of Environmental Quality. Arkansas has an
authorized NPDES permit program, pretreatment program, general permits program, and is

42 Ark. Code section 8-4-102(10).

43 Ark. Code R. 138.00.07-003, available at http://170.94.37.152/REGS/138.00.07-003F-9429.pdf.

44 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

45 ELI, 2013. State Constraints: State-Imposed Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope of
the Federal CWA, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

46 Arkansas Pollution Control and Ecology Commission, 2014. Regulation No. 12, available at
https://www.adeq.state.ar.us/regs/files/regl2 final 20140714.pdf.

47 Ark. Code sections 8-4-103, 8-7-514, 8-7-509.

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authorized to regulate federal facilities. Arkansas does not have an authorized biosolids
program.48

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has state authority to issue permits for dredged and fill activities in submerged lands.49
Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the 2020 NWPR: No Change

7. CALIFORNIA
Definition of Waters of the State:

Any surface water or groundwater, including saline waters, within boundaries of the State.50
Definitions of Wetlands:

An area is wetland if, under normal circumstances, (1) the area has continuous or recurrent
saturation of the upper substrate caused by groundwater, or shallow surface water, or both; (2)
the duration of such saturation is sufficient to cause anaerobic conditions in the upper substrate;
and (3) the area's vegetation is dominated by hydrophytes or the area lacks vegetation.51
Under the California Coastal Act, wetlands are: lands within the coastal zone which may be
covered periodically or permanently with shallow water and include saltwater marshes,
freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens.52
The California Coastal Commission provides a further definition of coastal wetlands: land where
the water table is at, near, or above the land surface long enough to promote the formation of
hydric soils or to support the growth of hydrophytes, and shall also include types of wetland
where vegetation is lacking and soil is poorly developed or absent as a result of frequent drastic
fluctuations of surface water levels, wave action, water flow, turbidity or high concentration of
salts or other substances in the substrate. Such wetlands can be recognized by the presence of
surface water or saturated substrate at some during each year and their location within, or
adjacent to vegetated wetland or deep water habitats.53

No Net Loss Goal for Wetlands:

Has a formal net gain/increase goal for wetlands.54

Additional State Conditions and Requirements:

No limitations identified

48 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

49 Ark. Code section 22-6-202.

50 Cal. Wat. Code section 13050(e).

51 California State Water Resources Control Board, State Wetland Definition and Procedures for Discharges of Dredged or Fill
Material to Waters of the State (April 2, 2019), available at

https://www.waterboards.ca.gov/water issues/programs/cwa401/docs/procedures conformed.pdf.

52 Cal. Pre. Code section 30121.

53 Cal. Code Regs. tit. 14 section 13577(b)(1).

54 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

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303 Water Quality Standards:
Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 9 in coordination with the state of California.
Facilities with aboveground storage tanks are regulated by the State Fire Marshal by state code
and are required to register tanks. State inspects facilities with total storage capacities above
10,000 gallons. All subject facilities required to comply with EPA's regulation, 40 CFR part
112.55

State code authorizes cost recovery for spills and related damages; state has a spill trust fund.56

401 Certification:

402 NPDES Program:

EPA has approved the state of California to administer the NPDES permitting program. The state
issues its permits through the California Environmental Protection Agency. California has an
authorized NPDES permit program, pretreatment program, general permits program, and is
authorized to regulate federal facilities. California does not have an authorized biosolids
program.57

EPA issues all NPDES permits on tribal lands and for any discharges into federal ocean waters.58

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has state authority to issue permits for dredged and fill activities in surface waters and
wetlands,59 including isolated waters.60

Changes Since Publication of the 2020 NWPR

55 Cal. Health and Safety Code sections 25270 et seq.

56 Cal. Gov. Code sections 8670.56.5, 8670.66, 8670.67, 8670.46, 8670.48.

57 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

58 EPA, NPDES Permits in California, available at https://www.epa.gov/npdes-permits/npdes-permits-california-excluding-tribal-
permits.

59 Cal. Wat. Code sections 13000 et seq. (dredging and filling constitutes a discharge of waste to waters of the state); Cal. Pre.
Code sections 30000 etseq. (protection of coastal wetlands from dredged and fill activities); See also Memorandum from Celeste
Cantu, Executive Director, California Environmental Protection Agency to Regional Board Executive Officers (Jun. 2, 2004),
available at http://www.swrcb.ca.gov/water issues/programs/cwa401/docs/isol waters guid.pdf; California State Water
Resources Control Board, State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the
State (April 2, 2019), available at

https://www.waterboards.ca.gov/water issues/programs/cwa401/docs/procedures conformed.pdf.

60 Memorandum from Celeste Cantu, Executive Director, California Environmental Protection Agency to Regional Board
Executive Officers (Jun. 2,2004), available at

http://www.swrcb.ca.gov/water issues/programs/cwa401/docs/isol waters guid.pdf; ELI, 2013. State Constraints: State-Imposed
Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope of the Federal Clean Water Act, available at
https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf. California State Water Resources Control Board, State Wetland
Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (April 2, 2019), available at
https://www.waterboards.ca.gov/water issues/programs/cwa401/docs/procedures conformed.pdf.

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•	Regulatory Change61

o On January 26, 2021, the Sacramento Superior Court issued a judgment in San
Joaquin Tributaries Authority v. California State Water Resources Control Board
enjoining the board from applying the State Wetland Definition and Procedures
for Discharges of Dredged or Fill Material to Waters of the State to non-WOTUS
state waters via the Water Quality Control Plan under California Water Code
§13170.

o On April 6, 2021, the State Water Board issued a resolution affirming that the
State Wetland Definition and Procedures for Discharges of Dredged or Fill
Material to Waters of the State would be adopted only for WOTUS via the Water
Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries,
and for all state waters as a state policy for water quality control pursuant to
§13140.

•	New Guidance62

o Final guidance describing permitting procedures & evaluation criteria for
implementing the Dredge or Fill Procedures was issued on April 21, 2020.

•	Implementation Change63

o Declarations by SWRCB (Bishop) & CDFW (Ferranti) representatives in

California us. Wheeler. As noted in the Bishop declaration, the State Board and
nine Regional Boards lack funding, capacity and training to conduct & review
aquatic resource delineations, still relying on US ACE JDs in large part. Similarly
lack capacity for third-party mitigation review (many RBs do not participate on
IRTs), as fed jurisdiction has contracted over important AR types, e.g., vernal
pools. CDFW has not made any regulatory changes to their Lake & Streambed
Alteration program (LSA) tied to 2020 NWPR. The jurisdiction of LSA is not
precisely established but is generally understood to extend to upland riparian
areas, lacustrine & riverine wetlands but not isolated wetlands in most cases.
Ferranti declaration describes pattern of illegal vernal pool landscape conversion
& suggests it will worsen with loss of federal permitting requirements as CDFW
is not notified of pending impacts to lands supporting state-listed species. Does
not describe impacts of 2020 NWPR on LSA program.

•	Proposed Change64

o No proposed changes to state waters jurisdiction. Proposed AB 377 would require
state & regional boards to develop plans to bring all water segments into

61	State Water Resources Control Board Resolution No. 2021-0012, available at
https://www.waterboards.ca.gov/water issues/programs/cwa401/docs/wrapp/rs2021 0012.pdf

62	State Water Resources Control Board, State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to
Waters of the State; available at

https://www.waterboards.ca.gov/water issues/programs/cwa401/docs/dredge fill/revised guidance.pdf

63	State Water Resources Control Board Resolution No. 2021-0012, available at
https://www.waterboards.ca.gov/water issues/programs/cwa401/docs/wrapp/rs2021 0012.pdf

64	California Proposed AB-377, available at

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml7bill id=202120220AB377.	

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attainment by 2050 & establish Waterway Recovery Account funded by
enforcement penalties.

8. COI	X1RADO

Definition of Waters of the State:

Any and all surface and subsurface waters which are contained in or flow in or through this state,
but does not include waters in sewage systems, waters in treatment works of disposal systems,
waters in potable water distribution systems, and all water withdrawn for use until use and
treatment have been completed.65

Definition of Wetlands:

Those areas that are inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions.66

No Net Loss Goal for Wetlands:

Has an informal no net loss goal for wetlands.67

Additional State Conditions and Requirements:

The Colorado Department of Public Health and Environment is prohibited from requiring
permits for irrigation flows (or return flows), or permits for various kinds of agricultural waste,
except as required by the federal CWA. Where permits are required, their provisions cannot be
more stringent than what is required by the federal CWA.68

State imposes limitations regarding water quality provisions with respect to the right to divert
and use water.69

The Water Quality Control Commission may adopt rules more stringent than corresponding
enforceable federal requirements only if it is demonstrated at a public hearing, and the
commission finds, based on sound scientific or technical evidence in the record, that state rules
more stringent than the corresponding federal requirements are necessary to protect the public
health, beneficial use of water, or the environment of the state. Those findings shall be
accompanied by a statement of basis and purpose referring to and evaluating the public health
and environmental information and studies contained in the record which form the basis for the
commission's conclusion. The existing policies, rules, and regulations of the commission and
division shall be applied in conformance with section 25-8-104 and this section.70

303 Water Quality Standards:

Has EPA-approved WQS.

65	Colo. Rev. Stat, section 25-8-103(19).

66	5 Code Colo. Regs. 1002-31.5(51).

67	ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

68	Colo. Rev. Stat, section 25-8-504.

69	Colo. Rev. Stat, section 25-8-104.

70	Colo. Rev. Stat, section 25-8-202(8).	

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311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 8 in coordination with the state of Colorado.
State aboveground storage tank regulations apply to tanks with capacities greater than 660
gallons and less than 40,000 gallons; tanks at crude oil production and mining facilities are
exempt. Regulations require permits, registration and facility inspection.71
State code authorizes cost recovery for spills and related damages; state has a spill trust fund.72

401 Certification:

402 NPDES Program:

EPA has approved the state of Colorado to administer the NPDES permitting program. The state
issues its permits through the Colorado Department of Public Health & Environment. Colorado
has an authorized NPDES permit program and general permits program. Colorado does not have
an authorized biosolids program, pretreatment program, and is not authorized to regulate federal
facilities.73

EPA issues all NPDES permits on tribal lands.74

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Does not have state authority to issue permits for dredged and fill activities in surface waters and
wetlands.

Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the 2020 NWPR
• Proposed Change75

o The Colorado Department of Public Health and Environment (CDPHE)

developed a draft bill to establish a state dredge and fill permitting program that
would cover "gap waters" {i.e., those waters that would have been jurisdictional
under pre-2015 practice but were no longer jurisdictional under the 2020 NWPR).
This bill was never introduced during the 2021 legislative session, and due to the
vacatur of the 2020 NWPR, these efforts have ceased.

9. THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

Definitions of Waters of the Territory:

All marine, fresh water bodies, and ground water in the Commonwealth.76

71 7 Code Colo. Regs. 1101-14.

72 Colo. Rev. Stat, sections 34-60-121, 34-60-124.

73 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

74 EPA, Colorado NPDES Permits (2017) available at https://www.epa.gov/npdes-permits/colorado-npdes-permits.

75 CDPHE https://cdphe.colorado.gov/water-qualitv-waters-united-states

76 NMIAC section 65-130-001.

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Commonwealth or state waters means all waters, fresh, brackish, or marine, including wetlands,
surrounding or within the Commonwealth.77

Definition of Wetlands:

Areas that are inundated or saturated by surface or groundwater with a frequency sufficient to
support a prevalence of plant or aquatic life that requires seasonally saturated soil conditions for
growth and/or reproduction. Wetlands include swamps, marshes, mangroves, lakes, natural
ponds, surface springs, streams, estuaries and similar areas in the Northern Mariana Islands
archipelago. Wetlands include both wetlands connected to other waters and isolated wetlands.
Wetlands do not include those artificial wetlands intentionally created to provide treatment of
wastewater or storm water runoff78

Additional Territory Conditions and Requirements:

No limitations identified.

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

Territory has prescriptive aboveground storage tank regulations, incorporating the Uniform Fire
Code, industry standards, and spill prevention requirements.79

401 Certification:

The territory has authority to certify, conditionally certify, waive review, or deny certification of
federal permits and licenses. Without certification or waiver the federal agency cannot issue the
permit or license.

402 NPDES Program:

EPA issues all NPDES permits within the Commonwealth of the Northern Mariana Islands.80

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has territory authority to issue permits for dredged and fill activities in coastal surface waters
and wetlands.81

Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the 2020 NWPR
Proposed Change82

BECQ has proposed minor changes to their definition of 'commonwealth waters' to clarify they
include all fresh, brackish and marine waters including wetlands, streambeds, and groundwater.

77 NMIAC section 65-130-015(1).

78 Commonwealth of the Northern Mariana Islands Admin. Code section 65-130-015(aa).

79 Commonwealth of the Northern Mariana Islands Admin. Code sections 65-5-001 et seq.

80 EPA, Commonwealth of the Northern Mariana Islands NPDES Permits, available at https://www.epa.gov/npdes-
permits/commonwealth-northern-mariana-islands-npdes-permits.

81 Commonwealth of the Northern Mariana Islands Admin. Code sections 15-10-001 et seq.

82 6 5 N. Mar. I. Code § 130

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10. CONNECTICUT

Definition of Waters of the State:

All tidal waters, harbors, estuaries, rivers, brooks, watercourses, waterways, wells, springs, lakes,
ponds, marshes, drainage systems, and all other surface or underground streams, bodies, or
accumulations of water, natural or artificial, public or private, which are contained within, flow
through, or border upon this state or any portion thereof.83

Definitions of Wetlands:

The term wetlands refers to freshwater wetlands under the Inland Wetlands and Watercourses
Act and refers to tidal wetlands under the Tidal Wetlands Act.

Tidal Wetlands Act: those areas which border on or lie beneath tidal waters, such as, but not
limited to banks, bogs, salt marsh, swamps, meadows, flats, or other low lands subject to tidal
action including those areas now or formerly connected to tidal waters, and whose surface is at
or below an elevation of one foot above local extreme high water; and upon which may grow or
be capable of growing some, but not necessarily all, of the species listed in the statute.84
Inland Wetlands and Watercourses Act: land, including submerged land, not regulated pursuant
to sections 22a-28 to 22a-35, inclusive, which consists of any of the soil types designated as
poorly drained, very poorly drained, alluvial, and floodplain by the National Cooperative Soils
Survey, as may be amended from time to time, of the Natural Resources Conservation Service of
the United States Department of Agriculture.85

"Watercourses" are defined under IWWCA as: "rivers, streams, brooks, waterways, lakes, ponds,
marshes, swamps, bogs and all other bodies of water, natural or artificial, vernal or intermittent,
public or private, which are contained within, flow through or border upon this state or any
portion thereof, not regulated pursuant to sections 22a-28 to 22a-35, inclusive. Intermittent
watercourses shall be delineated by a defined permanent channel and bank and the occurrence of
two or more of the following characteristics: (A) Evidence of scour or deposits of recent
alluvium or detritus, (B) the presence of standing or flowing water for a duration longer than a
particular storm incident, and (C) the presence of hydrophytic vegetation".86

No Net Loss Goal for Wetlands:

Does not have a no net loss goal for wetlands.87

Additional State Conditions and Requirements:

No limitations identified

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

83	Conn. Gen. Stat, section 22a-423.

84	Conn. Gen. Stat, section 22a-29.

85	Conn. Gen. Stat, section 22a-38.

86	Ibid.

87	ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.	

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The 311 program is administered by EPA Region 1 in coordination with the state of Connecticut.
Connecticut does not have any specific rules governing aboveground storage tanks.

Connecticut's Flammable and Combustible Liquids Code adopts by reference the National Fire
Protection Association standards that govern aboveground storage tank design, installation,
upgrade, repair, and closure. The requirements are administered locally.88
State code authorizes cost recovery for spills and related damages; state does not have a spill
trust fund covering aboveground storage tanks.89

401 Certification:

402 NPDES Program:

EPA has approved the state of Connecticut to administer the NPDES permitting program. The
state issues its permits through the Connecticut Department of Energy and Environmental
Protection. Connecticut has an authorized NPDES permit program, pretreatment program,
general permits program, and is authorized to regulate federal facilities. Connecticut does not
have an authorized biosolids program.90

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has state authority to issue permits for dredged and fill activities in surface waters and
wetlands,91 including isolated waters.92

Changes Since Publication of the 2020 NWPR: No change
1 1.

Definition of Waters of the State:

All water, on the surface and under the ground, wholly or partially within, or bordering the State
of Delaware, or within its jurisdiction including but not limited to: (a) Waters which are subject
to the ebb and flow of the tide including, but not limited to, estuaries, bays and the Atlantic
Ocean; (b) All interstate waters, including interstate wetlands; (c) All other waters of the State,
such as lakes, rivers, streams (including intermittent and ephemeral streams), drainage ditches,
tax ditches, creeks, mudflats, sandflats, wetlands, sloughs, or natural or impounded ponds; (d)
All impoundments of waters otherwise defined as waters of the State under this definition; and
(e) Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in (a)
through (d). Waste and stormwater treatment systems including, but not limited to, treatment
ponds or lagoons designed to meet the requirements of the Act (other than cooling ponds which

88 Conn. Gen. Stat, sections 29-291 etseq.

89 Conn. Gen. Stat, sections 22a-438, 22a-452.

90 EPA, Connecticut NPDES Permits, available at https://www.epa.gov/npdes-permits/connecticut-npdes-permits.

91 Conn. Gen. Stat, sections 22a-36 et seq., 22a-90 et seq., 22a-359 et seq.

92 ELI, 2013. State Constraints: State-Imposed Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope of
the Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

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otherwise meet the requirements of subsection (1) of this definition) are not "State waters" or
"Waters of the State."93

Definitions of Wetlands:

Those areas that are inundated or saturated by surface or ground water at a frequency and
duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include
swamps, marshes, bog and similar areas.94

Under the Delaware Wetlands Act95 and Wetlands Regulations96: Those lands above the mean
low water elevation including any bank, marsh, swamp, meadow, flat or other low land subject
to tidal action in the State of Delaware along the Delaware Bay and Delaware River, Indian
River Bay, Rehoboth Bay, Little and Big Assawoman Bays, the coastal inland waterways, or
along any inlet, estuary or tributary waterway or any portion thereof, including those areas which
are now or in this century have been connected to tidal waters, whose surface is at or below an
elevation of two feet above local mean high water, and upon which may grow or is capable of
growing any but not necessarily all of the plants listed in the statute.

No Net Loss Goal for Wetlands:

Has a formal net gain/increase goal for wetlands.97

Additional State Conditions and Requirements:

No limitations identified.

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 3 in coordination with the state of Delaware.
Facilities with aboveground storage tanks greater than 250 gallons must register with state;
additional technical requirements and fees apply based on tank size.98
State code authorizes cost recovery for spills and related damages; state does not have a spill
trust fund covering aboveground storage tanks.99

401 Certification:

402 NPDES Program:

93 7-7201 Del. Admin. Code 2.0.

94 Id.

95 Del. Code tit. 7, section 6601 et seq.

96 7-7502 Del. Admin. Code 5.0.

97 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

98 7-1352 Del. Admin. Code 1.0 et seq.

99 Del. Code tit. 7, sections 6205, 6207.

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EPA has approved the state of Delaware to administer the NPDES permitting program. The state
issues its permits through the Delaware Department of Natural Resources and Environmental
Control. Delaware has an authorized NPDES permit program and state general permits program.
Delaware does not have an authorized biosolids program, pretreatment program, and is not
authorized to regulate federal facilities.100

404 Dredged and Fill Permitting:

Has not assumed the 404 program.101

Has state authority to issue permits for dredged and fill activities in surface waters and tidal
wetlands.102

Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the 2020 NWPR

• Implementation Change103

o Clean Water for Delaware Act (signed 7/22/21) — The Clean Water for Delaware
Act establishes a framework for assessing needs and planning and implementing
projects that support Delaware's efforts to improve the quality of the State's water
supply and waterways. A Delaware Clean Water Trust account is created as a
funding source for executing projects highlighted by this framework.

• Proposed Change104

o Senate Joint Resolution 2 (151st Assembly) Directing the Delaware Department of
Natural Resources and Environmental Control to begin coordination with the
Federal Agencies Carrying Authority to Identify the Structure Necessary for a
State Nontidal Wetlands Program for the Purpose of Shifting Permitting Authority
from the Federal Level to the State. The Joint Resolution references Delaware's
historic dependence on federal regulation for nontidal wetlands and the reduction
in federal jurisdiction "stripping protections from thousands of acres of
Delaware." This Senate Joint Resolution also requires that a report containing the
results of this review be completed and made public within 1 year.

12. DISTRICT OF COL! JMBIA

Definition of Waters of the District:

Flowing and still bodies of water, whether artificial or natural, whether underground or on land,
so long as in the District of Columbia, but excludes water on private property prevented from

100 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

101 Two state programmatic general permits for impacts associated with piers, docks, mooring piles, boat lifts, breakwaters, etc.

102 Del. Code tit. 7, sections 7201 et seq., 6601 et seq. Although the Tidal Wetlands Act refers to "non-tidal wetlands that include
400 or more contiguous acres," this provision has never been instituted or used to regulate any non-tidal wetlands by the State of
Delaware. Delaware DNREC, email, March 26, 2018.

103 House Substitute 1 for House Bill 200 (Clean Water for Delaware Act) (2021) available at:
https: //legis. delaware. go v/BillDetail/47964

104 Delaware Senate General Assembly, Senate Joint Resolution No. 2 (2021), available at

https://legis.delaware.gOv/B illDetail?LegislationId=68617

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reaching underground or land watercourses, and also excludes water in closed collection or
distribution systems.105

Definition of Wetlands:

A marsh, swamp or other area periodically inundated by tides or having saturated soil conditions
for prolonged periods of time and capable of supporting aquatic vegetation.106

No Net Loss Goal for Wetlands:

Does not have a no net loss goal for wetlands.107

Additional District Conditions and Requirements:

No limitations identified.

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

Aboveground storage tanks are primarily regulated by the DC Fire Building Officials and Code
Administrators (BOCA) codes administered by the Fire Prevention Branch of DC Fire and
Emergency Medical Services. DC does not have authority to regulate aboveground storage tank
operations or the release of petroleum products from aboveground storage tanks, and relies on
EPA to directly implement federal spill prevention and preparedness regulations.108

401 Certification:

The District has authority to certify, conditionally certify, waive review, or deny certification of
federal permits and licenses. Without certification or waiver the federal agency cannot issue the
permit or license.

402 NPDES Program:

EPA issues all NPDES permits in the District of Columbia.109

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has district authority to issue permits for dredged and fill activities shoreward of the pierhead
line. 110

Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the 2020 NWPR
• Regul atory Change111

105 D.C. Code section 8-103.01(26).

106 Id.

107 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

108 D.C. Department of Energy & Environment, Underground Storage Tanks, available at
https: //doee. dc. go v/ service/under ground-storage-tanks-faq s.

109 EPA, District of Columbia NPDES Permits, available at https://www.epa.gov/npdes-permits/district-columbia-npdes-permits.

110 D.C. Mun. Regs., tit. 21, section 600.

111 Critical Area General Rules, D.C. Mun. Regs tit.21, § 2500-2505, 2599

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o Washington DC conducted an emergency rulemaking that aimed to designate the
areas that lost protection under the 2020 NWPR as critical areas in need of
protection.

• New Guidance112

o The Department of Energy & Environment published guidance for the new
critical area rule that was created in response to the 2020 NWPR.

13. FI ,ORJDA

Definitions of Waters of the State:

Waters include, but are not limited to, rivers, lakes, streams, springs, impoundments, wetlands,
and all other waters or bodies of water, including fresh, brackish, saline, tidal, surface, or
underground waters. Waters owned entirely by one person other than the state are included only
in regard to possible discharge on other property or water. Underground waters include, but are
not limited to, all underground waters passing through pores of rock or soils or flowing through
in channels, whether manmade or natural. Solely for purposes of s. 403.0885, waters of the state
also include navigable waters or waters of the contiguous zone as used in s. 502 of the CWA, as
amended, 33 U.S.C. 1251 etseq., as in existence on January 1, 1993, except for those navigable
waters seaward of the boundaries of the state set forth in s. 1, Art. II of the State Constitution.113
Any and all water on or beneath the surface of the ground or in the atmosphere, including natural
or artificial watercourses, lakes, ponds, or diffused surface water and water percolating, standing,
or flowing beneath the surface of the ground, as well as all coastal waters within the jurisdiction
of the state.114

Definition of Wetlands:

Those areas that are inundated or saturated by surface water or groundwater at a frequency and a
duration sufficient to support, and under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soils. Soils present in wetlands generally are
classified as hydric or alluvial, or possess characteristics that are associated with reducing soil
conditions. The prevalent vegetation in wetlands generally consists of facultative or obligate
hydrophytic macrophytes that are typically adapted to areas having soil conditions described
above. These species, due to morphological, physiological, or reproductive adaptations, have the
ability to grow, reproduce, or persist in aquatic environments or anaerobic soil conditions.
Florida wetlands generally include swamps, marshes, bayheads, bogs, cypress domes and
strands, sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal
marshes, mangrove swamps and other similar areas. Florida wetlands generally do not include
longleaf or slash pine flatwoods with an understory dominated by saw palmetto.115

112 Ibid.

113 Fla. Stat, section 403.031(13).

114 Fla. Stat, section 373.019(22).

115 Fla. Stat, section 373.019(27).

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No Net Loss Goal for Wetlands:

Has an informal no net loss goal for wetlands.116

Additional State Conditions and Requirements:

Requires that the state Department of Environmental Protection study the economic and
environmental impact of any proposed standards that would be more stringent than federal
law.117

For a Florida standard to be a stricter or more stringent standard than one which has been set by
federal agencies pursuant to federal law or regulation, the federal standard must be in
counterpoise to the state standard.118

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 4 in coordination with the state of Florida.
Facilities with aboveground storage tanks greater than 550 gallons of oil and hazardous
substances are required to register, pay fees, and comply with technical requirements, including
secondary containment and inspections.119

State code authorizes cost recovery for spills and related damages; state has a spill trust fund.120

401 Certification:

402 NPDES Program:

EPA has approved the state of Florida to administer the NPDES permitting program. The state
issues its permits through the Florida Department of Environmental Protection. Florida has an
authorized NPDES permit program, pretreatment program, general permits program, and is
authorized to regulate federal facilities. Florida does not have an authorized biosolids
program.121

EPA issues all NPDES permits to offshore oil and gas facilities operating in federal waters off
the coast of Florida.122

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

116 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

117 Fla. Stat, section 403.804.

118 Florida Elec. Power Coordinating Group, Inc. v. Askew, 366 So.2d 1186, 1188 (Fla. Dist. Ct. App., 1st Dist. 1978). ELI,
2013. State Constraints: State-Imposed Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope of the
Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

119 Fla. Admin. Code chapter 62-762.

120 Fla. Stat, sections 376.11, 376.12, 376.16, 376.121.

121 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

122 EPA, Florida NPDES Permits (2017) available at https://www.epa.gov/npdes-permits/florida-npdes-permits.

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Has state authority to issue permits for dredged and fill activities in surface waters and
wetlands,123 including isolated waters.124

Changes Since Publication of the 2020 NWPR
• Regulatory Change

o Has assumed the 404 program.125

o Has state authority through the Environmental Resource Permit program to issue
permits for dredged and fill activities more broadly than "waters of the United
States," including in all wetlands and surface waters (isolated or connected) and
activities in uplands that generate runoff from stormwater construction.126

14.

Definition of Waters of the State:

Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs,
wells, and other bodies of surface or subsurface water, natural or artificial, lying within or
forming a part of the boundaries of the state, which are not entirely confined and retained
completely upon the property of a single individual, partnership, or corporation.127

Definition of Wetlands:

Freshwater Wetlands mean those areas that are inundated or saturated by surface or groundwater
at a frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps marshes, bogs, and similar areas. (33 CFR 32.93). The
ecological parameters for designating wetlands include hydric soils, hydrophytic vegetation, and
hydrological conditions that involve a temporary or permanent source of water to cause soil
saturation.128

No Net Loss Goal for Wetlands:

Has a formal no net loss goal for wetlands.129

Additional State Conditions and Requirements:

No limitations identified.

303 Water Quality Standards:

Has EPA-approved WQS.

123 Fla. Stat, section 373.403 etseq., 161.011 etseq.

124 Fla. Stat, section 373.414; ELI, 2013. State Constraints: State-Imposed Limitations on the Authority of Agencies to Regulate
Waters Beyond the Scope of the Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.
125Fla, State 404 Program, available at https://floridadep.gov/water/submerged-lands-environmental-resources-
coordination/content/state-404-program.

126 Fla. Stat, section 373.414; Fla. Stat. 373.019(21), (27); 373.023; 373.406, 373.4145; 403.813, F.S. See § 373.023,
F.S. "Surface waters," "waters in the state" and "wetlands" are defined by statute in Section 373.019, F.S.

127 Ga. Code Ann. sections 12-7-3(16), 12-5-22(13).

128 Ga. Comp. R. & Regs. 391-3-16.03(3).

129 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

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311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 4 in coordination with the state of Georgia.
Facilities with aboveground storage tanks exceeding 60 gallons are covered and administered by
the State Fire Marshal. Plans for storage installations > 660 gallons must be submitted for
review by the State Fire Marshal.130

State code authorizes cost recovery for spills and related damages; state does not have a spill
trust fund.131

401 Certification:

402 NPDES Program:

EPA has approved the state of Georgia to administer the NPDES permitting program. The state
issues its permits through the Georgia Department of Natural Resources. Georgia has an
authorized NPDES permit program, pretreatment program, general permits program, and is
authorized to regulate federal facilities. Georgia does not have an authorized biosolids
program.132

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has state authority to issue permits for dredged and fill activities in coastal surface waters and

wetlands, as well as submerged lands.133

Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the 2020 NWPR: No change

LI Gt JAM

Definition of Waters of the Territory:

Water shall be construed to include ponds, springs, wells and streams and all other bodies of
surface or underground water, natural or artificial, inland or coastal, fresh or salt, public or
private.134

Waters of the territory means all shore waters surrounding Guam, streams, lakes, wells, springs,
irrigation systems, marshes, watercourses, waterways, drainage systems and other bodies of
water, surface and underground, natural or artificial, publicly or privately owned.135

130 Ga. Code Ann. section 120-3-11.

131 Ga. Code Ann. 12-5-51, 12-5-51, 12-14-4.

132 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

133 Ga. Code Ann. sections 12-5-280 et seq.

134 10 Guam Code Ann. section 46102(b).

135 10 Guam Code Ann. Section 47103(i)

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Definitions of Wetlands:

Those areas that are inundated by surface or ground water with a frequency sufficient to support
and under normal circumstances does or would support a prevalence of vegetative or aquatic life
that requires saturated or seasonally saturated soil conditions for growth and reproduction.
Wetlands generally include swamps, marshes, mangroves, natural ponds, surface springs,
estuaries and similar such areas.136

An area that is inundated or saturated by surface water or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands typically include
swamps, marshes, bogs and similar areas.137

Additional Territory Conditions and Requirements:

No limitations identified.

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

Territory is working on spill prevention legislation (Aboveground Storage of Regulated
Substances Act) that intends to cover petroleum oils and Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) hazardous substances. Currently, EPA
Region 9 implements federal spill prevention and preparedness regulations in Guam, and will
continue to do so for non-petroleum oils after that Law is enacted.

401 Certification:

402 NPDES Program:

EPA issues all NPDES permits within Guam.138

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has territory authority to issue permits for dredged and fill activities in coastal surface waters
and wetlands.139

Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the 2020 NWPR: No Change

16. HAWAII
Definition of Waters of the State:

136 18 Guam Admin. Rules and Regs, section 3504(b).

137 Guam Water Quality Standards 2001 Revision Section 5105.

138 EPA, Guam NPDES Permits, available at https://www.epa.gov/npdes-permits/guam-npdes-permits.

139 21 Guam Code Ann, section 63101.

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All waters, fresh, brackish, or salt around and within the State, including, but not limited to,
coastal waters, streams, rivers, drainage ditches, ponds, reservoirs, canals, ground waters, and
lakes; provided that drainage ditches, ponds, and reservoirs required as part of a water pollution
control system are excluded.140

Definitions of Wetlands:

Land that is transitional between terrestrial and aquatic ecosystems where the water table is
usually at or near the surface or the land is covered by shallow water. A wetland shall have one
or more of the following attributes:

At least periodically the land supports predominantly hydrophytic vegetation,

The substratum is predominantly undrained hydric soil; or

The substratum is non-soil (gravel or rocks) and is at least periodically saturated with water or
covered by shallow water.141

Wetlands may be fresh, brackish, or saline and generally include swamps, marshes, bogs, and
associated ponds and pools, mud flats, isolated seasonal ponds, littoral zones of standing water
bodies, and alluvial floodplains.142

No Net Loss Goal for Wetlands:

Does not have a no net loss goal for wetlands.143

Additional State Conditions and Requirements:

Hawaii has limitations to regulate low wetland and coastal wetlands as well as the elevated
wetlands under "basic water quality criteria applicable to all State waters."144

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 9 in coordination with the state of Hawaii.
State does not have specific aboveground storage tank requirements except spill reporting
requirements.

State code authorizes cost recovery for spills and related damages; state does have a spill trust
fund.145

401 Certification:

140 Haw. Rev. Stat, section 342D-1.

141 Haw. CodeR. section 11-54-1.

142 Id.

143 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

144 Haw. Code R. section 11-54-4.

145 Haw. Rev. Stat, sections 128D-2, 5, 6, 8.

146 Haw. Rev. Stat, section 342D-53.

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402 NPDES Program:

EPA has approved the state of Hawaii to administer the NPDES permitting program. The state
issues its permits through the Hawaii Department of Health. Hawaii has an authorized NPDES
permit program, pretreatment program, general permits program, and is authorized to regulate
federal facilities. Hawaii does not have an authorized biosolids program.147
EPA issues all NPDES permits for any discharges into federal ocean waters in Hawaii.148

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has state authority to issue permits for dredged and fill activities in surface waters,149 as well as

coastal surface waters and wetlands.150

Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the 2020 NWPR: No change

17. IDAHO
Definition of Waters of the State:

All accumulations of water, surface and underground, natural and artificial, public and private or
parts thereof, which are wholly or partially within the state, and flow through or border upon the
state, except for private waters.151

Definition of Wetlands:

Areas inundated or saturated by surface or ground water at a frequency and duration sufficient to
support, and that under normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs,
and similar areas.152

No Net Loss Goal for Wetlands:

Does not have a no net loss goal for wetlands.153

Additional State Conditions and Requirements:

The Idaho Department of Environmental Quality is to ensure surface water quality in Idaho and
meet the goals of the CWA, but is prohibited from enacting rules that impose requirements
beyond those of the CWA.154

When the Department of Environmental Quality recommends to the Board of Environmental
Quality issuance of a rule that is broader in scope or more stringent than federal law or

147	EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

148	EPA, Hawaii NPDES Permits, available at https://www.epa.gov/npdes-permits/hawaii-npdes-permits.

149	Haw. Rev. Stat, sections 174C-91 etseq:, Haw. Code R. sections 13-169-50 et seq.

150	Haw. Rev. Stat, sections 205A-21 et seq:, Haw. Code R. section 15-150.

151	Idaho Code Ann. section 39-103(18).

152	Idaho Admin. Coder. 58.01.25.010(01 )(110).

153	ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

154	Idaho Code Ann, section 39-3601.	

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regulations, or proposes to regulate an activity not regulated by the federal government, the rule
is subject to an additional statutory requirement. The agency must clearly specify that the
proposed rule, or portions of it, are broader in scope or more stringent than federal law or
regulations, or regulate an activity not regulated by the federal government, and delineate which
portions of the proposed rule trigger this provision.155

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 10 in coordination with the state of Idaho.
State does not regulate aboveground storage tanks, but references EPA's Spill Prevention,
Control, and Countermeasure (SPCC) rule and National Fire Prevention Association (NFPA)
code. Local fire districts, cities and counties may have aboveground storage tank ordinances.156
State does not have a codified cost recovery program for spills or a spill trust fund.

401 Certification:

402 NPDES Program:

Idaho assumed some program components of the NPDES program on July 1, 2018, and will
assume others in the following three years.157

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has state authority to issue permits for dredged and fill activities in surface waters and
wetlands.158

Changes Since Publication of the 2020 NWPR: No change

18. ILLINOIS
Definition of Waters of the State:

All accumulations of water, surface and underground, natural, and artificial, public and private,
or parts thereof, which are wholly or partially within, flow through, or border upon this State.159

Definition of Wetlands:

155 Idaho Code Ann. section 39-107D.

156 See Idaho DEQ, Storage Tanks in Idaho, available at https://www.deq.idaho.gov/waste-mgmt-remediation/storage-tanks.aspx.

157 Idaho's schedule to assume NPDES program components is as follows: individual municipal permits and pretreatment on July
1, 2018; individual industrial permits on July 1, 2019; general permits (for aquaculture, pesticide, CAFO, suction dredged, and
remediation) on July 1,2020; and federal facilities, general and individual stormwater permits and biosolids on July 1,2021.
EPA, Idaho NPDES Program Authorization, available at https://www.epa.gov/npdes-permits/idaho-npdes-program-authorization.

158 Idaho Code Ann. sections 42-3801 et seq. (regarding stream channels), 58-1301 et seq. (regarding lakes). Both programs deal
primarily with waters, and can occasionally cover wetlands. ASWM, Idaho State Wetland Program, available at
https://www.aswm.org/pdf lib/state summaries/idaho state wetland program summary 111615.pdf.

159 415 111. Comp. Stat, section 5/3.550.

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Land that has a predominance of hydric soils (soils that are usually wet and where there is little
or no free oxygen) and that is inundated or saturated by surface or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances does support, a
prevalence of hydrophytic vegetation (plants typically found in wet habitats) typically adapted
for life in saturated soil conditions. Areas which are restored or created as the result of
mitigation or planned construction projects and which function as a wetland are included within
this definition even if all three wetland parameters are not present.160

No Net Loss Goal for Wetlands:

Has a formal no net loss goal for wetlands.161

Additional State Conditions and Requirements:

No limitations identified

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 5 in coordination with the state of Illinois.
State program regulates all new tanks over 110 gallons that store flammable substances,
requiring permits and registration, secondary containment and site plans. Administered by the
State Fire Marshal.162

State code authorizes cost recovery for spills; state has a spill trust fund.163

401 Certification:

The state has authority to certify, conditionally certify, waive review or deny certification of
federal permits and licenses. Without certification or waiver the federal agency cannot issue the
permit or license.

402 NPDES Program:

EPA has approved the state of Illinois to administer the NPDES permitting program. The state
issues its permits through the Illinois Environmental Protection Agency. Illinois has an
authorized NPDES permit program, general permits program, and is authorized to regulate
federal facilities. Illinois does not have an authorized biosolids program or pretreatment

164

program.

EPA issues all NPDES permits on tribal lands.165

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

160 20 111. Comp. Stat, section 830/l-6(a).

161 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

162 111. Admin. Code tit. 41, section 180.20.

163 415 111. Comp. Stat, sections 5/25c-l, 5/42.

164 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

165 EPA, Illinois NPDES Permits (2017) available at https://www.epa.gov/npdes-permits/illinois-npdes-permits.

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Has state authority to issue permits for dredged and fill activities in surface waters166 and state
funded activities in wetlands,167 including isolated waters.168

Changes Since Publication of the 2020 NWPR: No change

19. INDIANA
Definition of Waters of the State:

(1)	The accumulations of water, surface and underground, natural and artificial, public and
private; or (2) a part of the accumulations of water; that are wholly or partially within, flow
through, or border upon Indiana.

The term "waters" does not include: (1) an exempt isolated wetland; (2) a private pond; or (3) an
off-stream pond, reservoir, wetland, or other facility built for reduction or control of pollution or
cooling of water before discharge.

The term includes all waters of the United States, as defined in Section 502(7) of the federal
CWA (33 U.S.C. 1362(7)), that are located in Indiana.169

Definitions of Wetlands:

Areas that are inundated or saturated by surface or ground water at a frequency and duration
sufficient to support, and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands generally include: (1) swamps;

(2)	marshes; (3) bogs; and (4) similar areas.170

A state regulated wetland is defined as an isolated wetland located in Indiana that is not an
exempt isolated wetland.171

No Net Loss Goal for Wetlands:

Has a formal no net loss goal for wetlands.172

Additional State Conditions and Requirements:

Under Indiana's rulemaking process, the Department of Environmental Management (DEM) and
the Water Pollution Control Board must provide notice of a proposed rule in the Indiana Register
for each of two required public comment periods. 173

The notice for the first public comment period must describe the subject matter and basic
purpose of the proposed rule, including a list all alternatives under consideration.

The notice for the second public comment period must identify each element of the proposed
rule that imposes a restriction or requirement that is more stringent than a restriction or

166	615 111. Comp. Stat, section 5.

167	20 111. Comp. Stat, section 830.

168	State Constraints: State-Imposed Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope of the
Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

169	Ind. Code section 13-11-2-265.

170	Ind. Code section 13-11-2-265.7.

171	Ind. Code section 13-11-2-221.5. Exempt isolated wetland is defined at Ind. Code section 13-11-2-74.5.

172	ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

173	Ind. Code sections 13-14-9-3, 13-14-9-4.	

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requirement imposed under federal law, or that applies in a subject area in which federal law
does not impose a restriction or requirement.

State imposes a qualified stringency prohibition; House Bill 1082174 requires any new state
environmental rule that is either more stringent than federal requirements or applies in a subject
area where federal law does not impose restrictions or requirements, to be notified to the Indiana
legislative branch. Following this the rule cannot take effect until adjournment of a regular
session of the General Assembly, providing the opportunity to reject the rule via legislation175.

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 5 in coordination with the state of Indiana.
Aboveground storage tanks are regulated by the Indiana Fire Prevention Code, which follows the
Uniform Fire Code (NFPA 30 and 30A) and specifies design, installation and permitting
requirements. Administered by the State Fire Marshal.176
State code authorizes cost recovery for spills; state has a spill trust fund.177

401 Certification:

402 NPDES Program:

EPA has approved the state of Indiana to administer the NPDES permitting program. The state
issues its permits through the Indiana Department of Environmental Management. Indiana has an
authorized NPDES permit program, general permits program, and is authorized to regulate
federal facilities. Indiana does not have an authorized biosolids program or pretreatment

119.

program.

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has state authority to issue permits for dredged and fill activities in surface waters179 and
isolated waters.180

Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the 2020 NWPR
• Legislative Change181

174 Indiana. HB1082, available at https://iga.in.gOv/legislative/2016/bills/house/1082#digest-heading.

175 Council of State Governments Midwest (2017). Policy and Research, available at
http://www.csgmidwest.org/policvresearch/qom-0317.aspx

176 675 Ind. Admin. Code 22-2.3.

177 Ind. Code sections 13-24-1-4, 13-30-4-1, 13-25-4-2.

178 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

179 Ind. Code sections 14-28-1, 14-26-2-1 et seq.

180 Ind. Code section 13-18-22-1 etseq.

181 Indiana General Assembly, Senate Bill 389 (2021), available at http://iga.in.gov/legislative/2021/bills/senate/389

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0	In April 2021, S.B. 389 was signed into law in Indiana. The law amends existing
legislation requiring permits and compensatory mitigation for dredge and fill
activities in state wetlands. The law redefines Class II wetlands and removed permit
requirements for activities in Class I wetlands, Class II wetlands of less than 3/8 of an
acre, ephemeral streams, and Class II wetlands outside the boundaries of a
municipality and less than an area of 3/4 of an acre.

20.

Definition of Waters of the State:

Any stream, lake, pond, marsh, watercourse, waterway, well, spring, reservoir, aquifer, irrigation
system, drainage system, and any other body or accumulation of water, surface or underground,
natural or artificial, public or private, which are contained within, flow through or border upon
the state or any portion thereof.182

Definition of Wetlands:

An area of two or more acres in a natural condition that is mostly under water or waterlogged
during the spring growing season and is characterized by vegetation of hydric soils.183

No Net Loss Goal for Wetlands:

Does not have a no net loss goal for wetlands.184

Additional State Conditions and Requirements:

The Iowa Environmental Protection Commission may not establish an effluent standard for a
source that is more stringent than a federal effluent standard under the CWA for such source.
However, the Commission may establish a more restrictive effluent limitation for a point source
if doing so is necessary to meet WQS and the federal government has not established an effluent
standard for that source or class of sources.185

Additionally, NPDES rules adopted by the Commission with respect to concentrated animal
feeding operations can be no more stringent than requirements under the federal CWA.186
When the Environmental Protection Commission proposes or adopts rules to implement a
"specific federal environmental program," and the rules are more restrictive than the federal
program requires, the Commission must: (1) identify in its notice of intended action or adopted
rule preamble each rule that is more restrictive than the federal program requires; (2) state the
reasons for proposing or adopting the more restrictive requirement; and (3) include with its
reasoning a "financial impact statement" detailing the general impact of the rules on affected

1	9.1

parties.

303 Water Quality Standards:

182	Iowa code 455B.171.

183	Iowa Code 456B.1.

184	ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

185	Iowa Code 455B.173.

186	Iowa Code 459.311.

187	Iowa Code 455B. 105(3).	

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Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 7 in coordination with the state of Iowa.

State requires facilities with aboveground storage tanks greater than 1,100 gallons to register and
to receive approval of their plan prior to being placed in service. State has adopted the Uniform
Fire Code (NFPA 30 and 30A), which is administered by the State Fire Marshal.188
State code authorizes cost recovery for spills and related damages; state has a spill trust fund.189

401 Certification:

402 NPDES Program:

EPA has approved the state of Iowa to administer the NPDES permitting program. The state
issues its permits through the Iowa Department of Natural Resources. Iowa has an authorized
NPDES permit program, pretreatment program, general permits program, and is authorized to
regulate federal facilities. Iowa does not have an authorized biosolids program.190

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has state authority to issue permits for dredged and fill activities in surface waters.191
Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the 2020 NWPR: No change

21. KANSAS

Definition of Waters of the State:

All streams and springs, and all bodies of surface and subsurface waters within the boundaries of
the state.192

Definition of Wetlands:

Water bodies meeting the technical definition for jurisdictional wetlands given in the Corps of
Engineers Wetlands Delineation Manual, as published in January 1987.193

No Net Loss Goal for Wetlands:

Does not have a no net loss goal for wetlands.194

88 Iowa Code sections 101.1 etseq.

89 Iowa Code sections 455B.191, 455B.392, 455B.423, 481A.151.

90 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

91 Iowa Code section 455B.261 etseq:, Iowa Admin. Code r. 567-70.1 et seq., 571-13.1 et seq.

92 Kan. Stat. Ann. section 65-161(a)

93 Kan. Admin. Regs, section 28-16-28b(fff)(3).

94 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

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Additional State Conditions and Requirements:

No limitations identified.

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 7 in coordination with the state of Kansas.

State requires facilities with aboveground storage tanks to register, pay fees, and obtain operating
permits. State has adopted the Uniform Fire Code (NFPA 30 and 30A), which is administered
by the State Fire Marshal.195

State code authorizes cost recovery for spills; state has a spill trust fund.196

401 Certification:

402 NPDES Program:

EPA has approved the state of Kansas to administer the NPDES permitting program. The state
issues its permits through the Kansas Department of Health and Environment. Kansas has an
authorized NPDES permit program, general permits program, and is authorized to regulate
federal facilities. Kansas does not have an authorized biosolids program or pretreatment

197

program.

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has state authority to issue permits for dredged and fill activities in surface waters.198
Relies on federal permitting authority and CWA section 401

Changes Since Publication of the 2020 NWPR: No change

22. KENTl JCKY

Definition of Waters of the Commonwealth:

Means and includes any and all rivers, streams, creeks, lakes, ponds, impounding reservoirs,
springs, wells, marshes, and all other bodies of surface or underground water, natural or
artificial, situated wholly or partly within or bordering upon the Commonwealth or within its
jurisdiction.199

95 Kan. Admin. Regs, sections 28-44-12 etseq.

96 Kan. Stat. Ann. section 65-171.

97 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

98 Kan. Stat. Ann. sections 24-126, 82a-301 etseq.; Kan. Admin. Regs, sections 5-40, 41, 42, 43, 45, 46.

99 1

' Ky. Rev. Stat. Ann, section 224.1-010(32).

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No Net Loss Goal for Wetlands:

Has an informal no net loss goal for wetlands.200

Definition of Wetlands:

Defined by 40 C.F.R. 122.2, effective July 1, 2008.201
Additional Commonwealth Conditions and Requirements:

An administrative body may adopt administrative regulations to implement a statute only when
the legislature authorizes the adoption of such regulations or when regulations are required by
federal law, in which case such regulations may be no more stringent than federal law or
regulations.202

Qualified prohibitions allow for a Kentucky administrative body to issue a regulation more
stringent than federal law, but this is arguably in conflict with the broader stringency prohibition

• • 203

provision.

If a Kentucky administrative body issuing a regulation is (1) not required by federal law to do so,
and (2) is required or authorized by state law to issue a regulation governing the subject matter,
the regulation must conform to a federal law or regulation governing a subject matter.

When enacting a regulation in response to a federal mandate, an administrative body is required
to compare its proposed compliance standards with any minimum or uniform standards
suggested or contained in the federal mandate. The comparison must contain a written
determination as to whether the proposed state regulation will impose stricter requirements or
other responsibilities on regulated entities than required by the federal mandate. If so, the
comparison analysis must further include a written statement justifying the imposition of stricter
standards, requirements, or responsibilities.

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 4 in coordination with the Commonwealth of
Kentucky.

Commonwealth has adopted the Uniform Fire Code (NFPA 30 and 3OA) for aboveground
storage tanks. Administered by the State Fire Marshal, including permitting requirements.204
Commonwealth code authorizes cost recovery for spills and resource damages; state has a spill
trust fund.205

401 Certification:

200 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

201 401 Ky. Admin. Regs. 5:002(177).

202 Ky. Rev. Stat, section 13A.120.

203 Ky. Rev. Stat, section 13A.245.

204 8 1 5 Ky. Admin. Regs. 7:120(3)(7)(i).

205 Ky. Rev. Stat, sections 224.1-400(15), 224.1-070, 224.46-580, 224.99-010.

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The Commonwealth has authority to certify, conditionally certify, waive review, or deny
certification of federal permits and licenses. Without certification or waiver the federal agency
cannot issue the permit or license.

For general state permits, Kentucky requires an individual water quality certification for
otherwise minor impacts to cold water streams.206

402 NPDES Program:

EPA has approved the Commonwealth of Kentucky to administer the NPDES permitting
program. The state issues its permits through the Kentucky Department for Environmental
Protection. Kentucky has an authorized NPDES permit program, pretreatment program, general
permits program, and is authorized to regulate federal facilities. Kentucky does not have an
authorized biosolids program.207

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has Commonwealth authority to issue permits for dredged and fill activity in surface waters.208
Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the 2020 NWPR: No change

23.

Definition of Waters of the State:

Both surface and underground waters within the state including all rivers, streams, lakes,
estuaries, groundwater, and all other water courses and waters within the confines of the state
and all bordering waters and the Gulf of Mexico.209

Definition of Wetlands:

Those areas that are inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions.210

No Net Loss Goal for Wetlands:

Has a formal no net loss goal for wetlands.211

Additional State Conditions and Requirements:

No limitations identified.

303 Water Quality Standards:

206 ASWM (2014) Section 401 Certification Best Practices in Dredged and Fill Permit Programs, available at
https://www.aswm.org/pdf lib/401 best practices summarv.pdf.

207 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

208 Ky. Rev. Stat, section 151.250.

209 La. Stat. Ann. section 30:2073(7).

210 LAC Environmental Regulatory Code tit. 33, part 9, subpart 1, available at
https://deq.louisiana.gov/assets/docs/Legal Affairs/33v09-201605-Water-Quality.pdf

211 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

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Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 6 in coordination with the state of Louisiana.
State has adopted the Uniform Fire Code (NFPA 30 and 30A) for aboveground storage tanks.
Administered by the State Fire Marshal.212

State has requirements for spill contingency planning and implementation of operating
procedures and best management practices similar to SPCC.213

State code authorizes cost recovery for spills and resource damages; state has a spill trust fund
with limits tied to Oil Spill Liability Trust Fund coverage.214

401 Certification:

402 NPDES Program:

EPA has approved the state of Louisiana to administer the NPDES permitting program. The state
issues its permits through the Louisiana Department of Environmental Quality. Louisiana has an
authorized NPDES permit program, pretreatment program, general permits program, and is
authorized to regulate federal facilities. Louisiana does not have an authorized biosolids
program.215

EPA issues all NPDES permits on all tribal lands.216

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has state authority to issue permits for dredged and fill activities in coastal surface waters and

wetlands,217 as well as submerged lands.218

Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the 2020 NWPR: No change

24. MAINE
Definition of Waters of the State:

Any and all surface and subsurface waters that are contained within, flow through, or under or
border upon this State or any portion of the State, including the marginal and high seas, except
such waters as are confined and retained completely upon the property of one person and do not
drain into or connect with any other waters of the State, but not excluding waters susceptible to

212 La. Admin. Code tit. 33, chapter 9.

213 Id.

214 La. Stat. Ann. sections 30:2479, 30:2483, 30:2488, 30:2491.

215 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

216 EPA, Louisiana NPDES Permits, available at https://www.epa.gov/npdes-permits/louisiana-npdes-permits.

217 La. Rev. Stat. Ann. sections 49:214.21 etseq.

218 La. Rev. Stat. Ann, sections 41:1701 et seq.

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use in interstate or foreign commerce, or whose use, degradation or destruction would affect
interstate or foreign commerce.219

Definitions of Wetlands:

Freshwater wetlands: freshwater swamps, marshes, bogs and similar areas that are inundated or
saturated by surface or groundwater at a frequency and for a duration sufficient to support, and
which under normal circumstances do support, a prevalence of wetland vegetation typically
adapted for life in saturated soils; and not considered part of a great pond, coastal wetland, river,
stream or brook.220

Coastal wetlands: all tidal and subtidal lands; all areas with vegetation present that is tolerant of
salt water and occurs primarily in a salt water or estuarine habitat; and any swamp, marsh, bog,
beach, flat or other contiguous lowland that is subject to tidal action during the highest tide level
for the year in which an activity is proposed as identified in tide tables published by the National
Ocean Service. Coastal wetlands may include portions of coastal sand dunes.221

No Net Loss Goal for Wetlands:

Has a formal no net loss goal for wetlands.222

Additional State Conditions and Requirements:

Maine's Department of Environmental Protection must, when feasible, identify any proposed
rule that is anticipated to be more stringent than the federal standard, if an applicable federal
standard exists. During consideration of a proposed rule, the Department must, when feasible: (1)
identify provisions of the proposed rule that it believes would impose a regulatory burden more
stringent than the burden imposed by the federal standard, if such a federal standard exists; and
(2) justify the difference between the rule and the federal standard.223

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 1 in coordination with the state of Maine.

State has adopted the Uniform Fire Code (NFPA 30 and 30A) for aboveground storage tanks.
Administered by the State Fire Marshal.224

State has also incorporated federal SPCC requirements by code; failure to follow federal
requirements is violation of state code.225

State code authorizes cost recovery for spills and resource damages; state has a spill trust fund.226
401 Certification:

219 Me. Stat. tit. 38, section 361-A(7).

220 Me. Stat. tit. 38, section 480-B.

221 Id.

222 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

223 Me. Stat. tit. 38, section 341-H(3).

224 Me. Stat. tit. 25, section 2482.

225 Id.

226 Me. Stat, tit. 38, sections 551, 552.

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The state has authority to certify, conditionally certify, waive review, or deny certification of
federal permits and licenses. Without certification or waiver the federal agency cannot issue the
permit or license.

402 NPDES Program:

EPA has approved the state of Maine to administer the NPDES permitting program. The state
issues its permits through the Maine Department of Environmental Protection. Maine has an
authorized NPDES permit program, pretreatment program, general permits program, and is
authorized to regulate federal facilities. Maine does not have an authorized biosolids program.227

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has state authority to issue permits for dredged and fill activities in surface waters and
wetlands,228 including isolated waters.229

Changes Since Publication of the 2020 NWPR: No change

25. MARYLAND
Definition of Waters of the State:

Both surface and underground waters within the boundaries of the state subject to its jurisdiction;
the portion of the Atlantic Ocean within the boundaries of the state (territorial seas); the
Chesapeake Bay and its tributaries; all ponds, lakes, rivers, streams, tidal and nontidal wetlands,
public ditches, tax ditches, and public drainage systems within the state (does not include public
drainage systems designed and used to collect, convey, or dispose of sanitary sewage); and the
floodplain of free-flowing waters determined by the department on the basis of the 100 year
flood frequency. 230

Definitions of Wetlands:

Nontidal wetland: (a) Means an area that is inundated or saturated by surface water or ground
water at a frequency and duration sufficient to support and that under normal circumstances does
support a prevalence of vegetation typically adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation; (b) Is determined according to the Federal Manual;
(c) Does not include tidal wetlands regulated under Environmental Article, Title 16, Annotated
Code of Maryland.231

State wetlands: means any land under the navigable waters of the State below the mean high tide,
affected by the regular rise and fall of the tide.232

No Net Loss Goal for Wetlands:

227 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

228 Me. Stat. tit. 38, sections 480-A etseq.

229 ELI, 2013. State Constraints: State-Imposed Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope
of the Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

230 Md. Code, Env. section 5-101(1).

231 Md. Code, Env. section 5-901(m).

232 Md. Code, Env. section 16-101(p).

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Has a formal no net loss goal for wetlands.233

Additional State Conditions and Requirements:

By executive order, each unit of Maryland state government is required to take certain steps
when it proposes to adopt a regulation that "provides a standard that is more restrictive or
stringent than an applicable standard established under a federal law or regulation which governs
the same program or conduct." The agency must: (1) identify the manner in which the proposed
regulation is more restrictive than the applicable federal standard; (2) identify the benefit to
public health, safety, welfare, or the environment, expected from adopting the standard; (3) in
consultation with the Department of Business and Economic Development, identify whether
having a more restrictive standard places an additional burden or cost on regulated persons; and
(4) justify the need for the standard.234

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 3 in coordination with the state of Maryland.
State requires facilities with aboveground oil storage capacities of 1,000 gallons of used oil or
10,000 gallons or more of virgin oil to obtain oil operations permits and meet specific technical
requirements such as secondary containment.235

State has adopted the Uniform Fire Code (NFPA 30 and 30A) for aboveground storage tanks.
Administered by the State Fire Marshal.236

State code authorizes cost recovery for spills and resource damages; state has a spill trust fund.237

401 Certification:

402 NPDES Program:

EPA has approved the state of Maryland to administer the NPDES permitting program. The state
issues its permits through the Maryland Department of the Environment. Maryland has an
authorized NPDES permit program, pretreatment program, general permits program, and is
authorized to regulate federal facilities. Maryland does not have an authorized biosolids
program.

404 Dredged and Fill Permitting:

233 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

234 Md. Exec. Order No. 01.01.1996.03 (1996).

235 Md. Code Regs. 26.10.01.

236 Id.

237 Md. Code, Env. sections 4-408,4-409, 4-411, 4-417, 4-418.

238 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

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Has not assumed the 404 program.239

Has state authority to issue permits for dredged and fill activities in surface waters and
wetlands,240 including isolated waters.241

Changes Since Publication of the 2020 NWPR: No change

26.

Definition of Waters of the Commonwealth:

All waters within the jurisdiction of the commonwealth, including, without limitation, rivers,
streams, lakes, ponds, springs, impoundments, estuaries, coastal waters, and groundwaters.242

Definitions of Wetlands:

Coastal wetlands: Any bank, marsh, swamp, meadow, flat or other lowland subject to tidal action
or coastal storm flowage.243

Freshwater wetlands: Wet meadows, marshes, swamps, bogs, areas where the groundwater,
flowing or standing surface water or ice provide a significant part of the supporting substrate for
a plant community for at least five months of the year; emergent and submergent plant
communities in inland waters; that portion of any bank which touches any inland waters.244

No Net Loss Goal for Wetlands:

Does not have a no net loss goal for wetlands.245

Additional Commonwealth Conditions and Requirements:

No limitations identified.

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 1 in coordination with the Commonwealth of
Massachusetts.

Commonwealth has adopted the Uniform Fire Code (NFPA 30 and 3OA) for aboveground
storage tanks, which is administered by the State Fire Marshal. Permit, inspection and technical
requirements apply to tanks greater than 10,000 gallons in capacity.246

239 Implements a state programmatic general permit pursuant to CWA Section 404(e) for specified activities. The currently
operative SPGP is MDSPGP-5 issued September 26, 2016. See
http://www.nab.usace.armv.mil/Portals/63/docs/Regulatorv/MDSPGP-5.pdf.

240 Md. Code, Env. sections 5-501 etseq., 5-901 et seq., 16-101 et seq.

241 Maryland Department of the Environment, Maryland Wetland Program Plan, available at

https://www.epa.gOv/sites/production/files/2018-03/documents/marvland de complete final rev2018 v4.docx l.pdf; ELI,
2013. State Constraints: State-Imposed Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope of the
Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

242 Mass. Gen. Laws ch. 21 section 26A.

243 Mass. Gen. Laws ch. 131 section 40.

244 Id.

245 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

246 527 Mass. Code Regs. 5.00, 9.00

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Commonwealth code authorizes cost recovery for spills and resource damages; Commonwealth
has a spill trust fund.247

401 Certification:

The Commonwealth has authority to certify, conditionally certify, waive review, or deny
certification of federal permits and licenses. Without certification or waiver the federal agency
cannot issue the permit or license.

402 NPDES Program:

Massachusetts is not authorized to run the NPDES program.248
EPA issues all NPDES permits in Massachusetts.249

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has Commonwealth authority to issue permits for dredged and fill activities in surface waters
and wetlands,250 including isolated waters.251

Changes Since Publication of the 2020 NWPR: No change

27. MI CI IIGAN

Definition of Waters of the State:

Groundwater, lakes, including the Great Lakes bordering the state, rivers, streams, and all other
water courses and bodies of water within the jurisdiction of the state, including wetlands.252

Definition of Wetlands:

Land characterized by the presence of water at a frequency and duration sufficient to support,
and that under normal circumstances does support, wetland vegetation or aquatic life, and is
commonly referred to as a bog, swamp, or marsh, and which is any of the following: i)
Contiguous to the Great Lakes or Lake St. Clair, an inland lake or pond, or a river or stream; (ii)
Not contiguous to the Great Lakes, an inland lake or pond, or a river or stream; and more than 5
acres in size; (iii) Not contiguous to the Great Lakes, an inland lake or pond, or a river or stream;
and 5 acres or less in size if the department determines that protection of the area is essential to
the preservation of the natural resources of the state from pollution, impairment, or destruction
and the department has so notified the owner.253

No Net Loss Goal for Wetlands:

247 Mass. Gen. Laws ch. 21E sections 5, 11; ch. 21M section 8.

248 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

249 EPA, Massachusetts NPDES Permits (2017) available at https: //www, epa. gov/npdes-permits/massachusetts-npdes-permits.

250 Mass. Gen. Laws ch. 131, section 40; ch. 130, section 105; ch. 91.

251 ELI, 2013. State Constraints: State-Imposed Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope
of the Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

252 Mich. Comp. Laws section 324.3101.

253 Mich. Comp. Laws section 324.30301(n).

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Has a formal no net loss goal for wetlands.254

Additional State Conditions and Requirements:

An agency shall not adopt or promulgate a rule more stringent than the applicable federally
mandated standard unless the director of the agency determines that there is a clear and
convincing need to exceed the applicable federal standard. If an agency promulgates a rule more
stringent than the applicable federally mandated standard, they must submit a statement of the
specific facts that establish the clear and convincing need to adopt the more stringent rule and an
explanation of the exceptional circumstances that necessitate the more stringent standard.255

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 5 in coordination with the state of Michigan.
State has adopted the Uniform Fire Code (NFPA 30 and 30A) for aboveground storage tanks.
Administered by the State Fire Marshal. Applications for plan review required for tanks greater
than 1,100 gallons in capacity.256

State code authorizes cost recovery for spills and resource damages; state has a spill trust fund.257

401 Certification:

402 NPDES Program:

EPA has approved the state of Michigan to administer the NPDES permitting program. The state
issues its permits through the Michigan Department of Environmental Quality. Michigan has an
authorized NPDES permit program, pretreatment program, general permits program, biosolids
program, and is authorized to regulate federal facilities.258
EPA issues all NPDES permits on tribal lands.259

404 Dredged and Fill Permitting:

Michigan has assumed administration of the 404 program (has full state permitting authority).260

254 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

255 Mich. Comp. Laws sections 24.232, 24.245.

256 Mich. Comp. Laws sections 29.1 etseq.

257 Mich. Comp. Laws sections 324.2010, 324.20119, 324.20126a.

258 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

259 EPA, Michigan NPDES, Permits, available at https://www.epa.gov/npdes-permits/michigan-npdes-permits.

260 EPA, State or Tribal Assumption of the Section 404 Permit Program, available at https://www.epa.gov/cwa-404/state-or-
tribal-assumption-section-404-permit-program. For Michigan's assumed Section 404 Program, state statutes provide similar
protections and ensure compliance with the CWA by being at least as protective as the CWA (however, Michigan's laws do not
use the exact same definitions or exemption language as the CWA).

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Has state authority to issue permits for dredged and fill activities in isolated waters.261

Changes Since Publication of the 2020 NWPR
• Proposed Change

o Michigan has proposed legislation - S.B. 61 - that would extend permitting
jurisdiction to the ordinary high water mark if it is higher than statutorily defined
arbitrary elevations currently used to define the extent of the Great Lakes in
Michigan.262

28. MINNE!

Definitions of Waters of the State:

Definition that applies to CWA programs: All streams, lakes, ponds, marshes, watercourses,
waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other
bodies or accumulations of water, surface or underground, natural or artificial, public or private,
which are contained within, flow through, or border upon the state or any portion thereof.263
Definition that applies to state Wetland Conservation Act: Surface or underground waters, except
surface waters that are not confined but are spread and diffused over the land. Waters of the state
includes boundary and inland waters.264

Definition of Wetlands:

Lands transitional between terrestrial and aquatic systems where the water table is usually at or
near the surface or the land is covered by shallow water. For purposes of this definition, wetlands
must have the following three attributes:

(1) have a predominance of hydric soils;

(2) are inundated or saturated by surface or ground water at a frequency and
duration sufficient to support a prevalence of hydrophytic vegetation typically
adapted for life in saturated soil conditions; and

(3) under normal circumstances support a prevalence of such vegetation.265

No Net Loss Goal for Wetlands:

Has a formal net gain/increase goal for wetlands.266

Additional State Conditions and Requirements:

404 Assumption: In the event the state assumes responsibility for the federal 404 permitting
program, the rules adopted to establish the program "may not be more restrictive" than the

261 If over 5 acres, within 500 feet of a stream or lake, 1000 feet of Great Lakes or Lake St. Clair, or essential to preservation of
natural resources. Mich. Comp. Laws section 324.30301(n). See also ELI, 2013. State Constraints: State-Imposed Limitations on
the Authority of Agencies to Regulate Waters Beyond the Scope of the Federal Clean Water Act, available at
https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

262 Michigan SB 0061 (2021), available at

http://www.legislature.mi.gov/rsrzat3tgdcadgvalrmkfielvvl'lVmileg.aspx?page=getObiect&obiectname=2021-SB-0061

263 Minn. Stat, section 115.03-22.

264 Minn. Stat, section 103G.005-17.

265 Minn. Stat, section 103G.005-19.

266 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

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federal 404 program—or more restrictive than state law, if state law is more restrictive than the
federal 404 program.267

The state has not assumed the 404 program. The Minnesota Legislature commissioned a study on
the feasibility of 404 Assumption that was completed in 2017.268

Feedlots: State limits NPDES feedlot permitting requirements in that the agency must issue
NPDES permits for feedlots only as required by federal law. However, the state also issues state
disposal system permits for feedlots which may have additional state-only requirements.269

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 5 in coordination with the state of Minnesota.
State has adopted technical requirements for aboveground storage tanks with capacities greater
than 1,100 gallons, such as secondary containment, overfill prevention, recordkeeping and
release reporting. Facilities with tanks of 1 million gallons or greater are required to obtain

970

operating permits.

State code authorizes cost recovery for spills and resource damages; state has a spill trust fund.271

401 Certification:

402 NPDES Program:

EPA has approved the state of Minnesota to administer the NPDES permitting program. The
state issues its permits through the Minnesota Pollution Control Agency. Minnesota has an
authorized NPDES permit program, pretreatment program, general permits program, and is
authorized to regulate federal facilities. Minnesota does not have an authorized biosolids
program.272

EPA issues all NPDES permits on tribal lands.273

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

267 Minn. Stat, section 103G.2375.

268 Minnesota Section 404 Assumption Feasibility Study Report, available at

http://www.bwsr.state.mn.us/wetlands/cwa 404/Minn Section 404 Assumption Feasibility Study Report Final.pdf

269 Minn. Stat, section 116.07.

270 Minn. R. 7151.1100.

271 Minn. Stat, sections 115B.17, 116.155.

272 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

273 EPA, Minnesota NPDES Permits (2017) available at https://www.epa.gov/npdes-permits/minnesota-npdes-permits.

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Has state authority to issue permits for dredged and fill activities in surface waters and
wetlands,274 including isolated waters.275

Changes Since Publication of the 2020 NWPR: No change

29.

Definition of Waters of the State:

All waters within the jurisdiction of this state, including all streams, lakes, ponds, impounding
reservoirs, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface and underground, natural or
artificial, situated wholly or partly within or bordering upon the state, and such coastal waters as
are within the jurisdiction of the state, except lakes, ponds, or other surface waters which are
wholly landlocked and privately owned, and which are not regulated under the Federal CWA (33
U.S.C. 1251 etseq.)216

Definition of Wetlands:

Coastal wetlands: All publicly-owned lands subject to the ebb and flow of the tide; which are
below the watermark of ordinary high tide; all publicly-owned accretions above the watermark
of ordinary high tide and all publicly-owned submerged water-bottoms below the watermark of
ordinary high tide and includes the flora and fauna on the wetlands and in the wetlands.277

No Net Loss Goal for Wetlands:

Has a formal no net loss goal for wetlands.278

Additional State Conditions and Requirements:

The Mississippi Commission on Environmental Quality is prohibited from enacting a rule,
regulation, or standard relating to water quality or water discharge standards that exceeds the
requirements of federal statutes, regulations, standards, criteria, and guidance relating to water
quality or water discharge standards promulgated under the federal Administrative Procedure
Act.279

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 4 in coordination with the state of Mississippi.

274 Minn. Stat. Ann. section 103G.

275 Minnesota Board of Water and Soil Resources, 2001-2003 Minnesota Wetland Report, available at
https://www.leg.state.mn.us/docs/2005/other/050523.pdf: ELI, 2013. State Constraints: State-Imposed Limitations on the
Authority of Agencies to Regulate Waters Beyond the Scope of the Federal Clean Water Act, available at
https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

276 Miss. Code Ann. section 49-17-5(f).

277 Miss. Code Ann. section 49-27-5(a).

278 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

279 Miss. Code Ann, section 49-17-34(2).

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State has no specific aboveground storage tank regulations; State relies on EPA Region 4 to
implement SPCC requirements.

State code authorizes cost recovery for spills; state does not have a spill trust fund.280

401 Certification:

402 NPDES Program:

EPA has approved the state of Mississippi to administer the NPDES permitting program. The
state issues its permits through the Mississippi Department of Environmental Quality.
Mississippi has an authorized NPDES permit program, pretreatment program, general permits
program, and is authorized to regulate federal facilities. Mississippi does not have an authorized
biosolids program.281

EPA issues all NPDES permits on tribal lands and to offshore oil and gas facilities operating in
federal waters off the coast of Mississippi.282

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has state authority to issue permits for dredged and fill activities in coastal wetlands283 and
submerged lands.284

Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the 2020 NWPR
• Legislative Change285

o Change in definition of "coastal wetlands" and addition of a definition for
"ordinary high water mark" (OHWM) allows for the Department of Marine
Resources to determine where the OHWM lies. Previously the term was
undefined.

30. MISSOl JRI

Definition of Waters of the State:

All water within the jurisdiction of this state, including all rivers, streams, lakes and other bodies
of surface and subsurface water lying within or forming a part of the boundaries of the state
which are not entirely confined and located completely upon lands owned, leased or otherwise
controlled by a single person or by two or more persons jointly or as tenants in common.286

Definition of Wetlands:

280 Miss. Code Ann. section 49-17-43.

281 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

282 EPA, Mississippi NPDES Permits, available at https://www.epa.gov/npdes-permits/mississippi-npdes-permits.

283 Miss. Code Ann. sections 49-27-1 etseq.

284 Miss. Code Ann. sections 29-15-1 etseq.

285 Miss. Code 49-27-5 / Miss. H.B. 594 (2021)

286 Mo. Rev. Stat, section 644.016(27).

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Those areas that are inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include
swamps, marshes, bogs, and similar areas. This definition is consistent with both the Corps
wetlands definition at 33 CFR 328.3(b) and the U.S. EPA wetlands definition at 40 CFR
232.2(r).287

No Net Loss Goal for Wetlands:

Has a formal no net loss goal for wetlands.288

Additional State Conditions and Requirements:

No limitations identified.

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 7 in coordination with the state of Missouri.
State has adopted the Uniform Fire Code (NFPA 30 and 30A) for aboveground storage tanks.
State code includes financial responsibility requirements for facilities with aboveground storage
tanks, except for refineries, pipeline terminals, rail terminals or marine terminals.289
State code authorizes cost recovery for spills; state does have a spill trust fund.290

401 Certification:

402 NPDES Program:

EPA has approved the state of Missouri to administer the NPDES permitting program. The state
issues its permits through the Missouri Department of Natural Resources. Missouri has an
authorized NPDES permit program, pretreatment program, general permits program, and is
authorized to regulate federal facilities. Missouri does not have an authorized biosolids

291

program.

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Does not have state authority to issue permits for dredged and fill activities in surface waters and
wetlands.

Relies on federal permitting authority and CWA section 401.

287 Mo. Code Regs. tit. 10, 20-7.031(l)(FF).

288 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

289 Mo. Code Regs. tit. 26, 414.012 et seq.

290 Mo. Rev. Stat, section 260.530, 260.535.

291 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

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Changes Since Publication of the 2020 NWPR: No change

31. MONTANA
Definition of Waters of the State:

A body of water, irrigation system, or drainage system, either surface or underground. The term
does not apply to: (i) ponds or lagoons used solely for treating, transporting, or impounding
pollutants; or (ii) irrigation waters or land application disposal waters when the waters are used
up within the irrigation or land application disposal system and the waters are not returned to
state waters.292

Definition of Wetlands:

Those areas that are inundated or saturated by surface or ground water at a frequency and
duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions.293

No Net Loss Goal for Wetlands:

Has a formal net gain/increase goal for wetlands.294

Additional State Conditions and Requirements:

Montana has qualified stringency prohibitions that apply to rules implementing water quality and
public water supply programs. The statutory language, identical for both programs, provides that
the Board of Environmental Review may not adopt an implementing rule that is more stringent
than the federal regulations or guidelines that address the same circumstances unless the Board
makes a written finding— following a public hearing and comment, and based on record
evidence—that the more-stringent state requirement: (1) protects public health or the
environment of Montana; (2) can mitigate the harm to public health or the environment; and (3)
is achievable under current technology.295

The Board of Environmental Review may adopt rules implementing water quality law that are
more stringent than corresponding draft or final federal regulations, guidelines, or criteria, only if
it makes written findings, based on sound scientific or technical evidence in the record, stating
that the stricter state requirements are necessary to protect the public health, beneficial use of
water, or the environment of Montana.296

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 8 in coordination with the state of Montana.

292	Mont. Code Ann. section 75-5-103.

293	Mont. Admin. R. 17.30.502(12).

294	ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

295	Mont. Code Ann. section 75-5-203; 75-6-116.

296	Mont. Code Ann, section 75-5-309.	

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State has adopted the Uniform Fire Code (NFPA 30 and 30A) for aboveground storage tanks,
which may be covered by the Petroleum Tank Release Cleanup Fund provided that they meet
minimum design, construction, and installation standards (double-walled and have maximum
storage capacities of less than 30,000 gallons).297

State code authorizes cost recovery for spills; state does have a spill trust fund, accessible to
facilities with aboveground storage tanks less than 30,000 gallons.298

401 Certification:

402 NPDES Program:

EPA has approved the state of Montana to administer the NPDES permitting program. The state
issues its permits through the Montana Department of Environmental Quality. Montana has an
authorized NPDES permit program, general permits program, and is authorized to regulate
federal facilities. Montana does not have an authorized biosolids or pretreatment program.299
EPA issues all NPDES permits on tribal lands.300

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has state authority to issue permits for dredged and fill activities in surface waters.301
Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the 2020 NWPR: No change

32.

Definition of Waters of the State:

All waters within the jurisdiction of this state, including all streams, lakes, ponds, impounding
reservoirs, marshes, wetlands, watercourses, waterways, wells, springs, irrigation systems,
drainage systems, and all other bodies or accumulations of water, surface or underground, natural
or artificial, public or private, situated wholly or partly within or bordering upon the state.302

Definition of Wetlands:

Those areas that are inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include
swamps, marshes, bogs, and similar areas.303

297 Mont. Admin. R. 17.58.326.

298 Mont. Code Ann. sections 75-5-63, 75-5-635.

299 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

3°° epa, Montana NPDES Permits (2017) available at https://www.epa.gov/npdes-permits/montana-npdes-permits.

301 Mont. Code Ann. sections 75-7-101 etseq., 75-7-201 et seq.

302 Neb. Rev. Stat, section 81-1502(21).

303 117 Neb. Admin. Code, ch. 1, section 073.

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No Net Loss Goal for Wetlands:

Has an informal no net loss goal for wetlands.304

Additional State Conditions and Requirements:

No limitations identified.

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 7 in coordination with the state of Nebraska.
State has adopted the Uniform Fire Code (NFPA 30 and 30A) for aboveground storage tanks.
Installation and replacement of aboveground storage tanks require a permit from the State Fire
Marshal.305

State code authorizes cost recovery for spills; state has a spill trust fund for releases from
aboveground storage tanks (Petroleum Release Remedial Action Reimbursement Fund).306

401 Certification:

402 NPDES Program:

EPA has approved the state of Nebraska to administer the NPDES permitting program. The state
issues its permits through the Nebraska Department of Environmental Quality. Nebraska has an
authorized NPDES permit program, pretreatment program, general permits program, and is
authorized to regulate federal facilities. Nebraska does not have an authorized biosolids

307

program.

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Does not have state authority to issue permits for dredged and fill activities in surface waters and
wetlands.

Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the 2020 NWPR: no change

33.

Definition of Waters of the State:

All waters situation wholly or partly within or bordering upon the state, including but not limited
to: all streams, lakes, ponds, impounding reservoirs, marshes, water courses, waterways, wells,

304 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

305 1 53 Neb. Admin. Code, ch. 17.

306 Neb. Rev. Stat, sections 81-1508; 126 Nebraska Admin. Code ch. 18.

307 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

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springs, irrigation systems, and drainage systems; and all bodies or accumulations of water,
surface and underground, natural or artificial.308

Definition of Wetlands:

Land having a water table at, near or above the land surface, or land that has been saturated with
water for a period of time long enough to promote wetland or aquatic processes indicated by
hydric soil, hydrophytic vegetation and other biological activity adapted to a wet environment.309

No Net Loss Goal for Wetlands:

Does not have a no net loss goal for wetlands.310

Additional State Conditions and Requirements:

Nevada's Administrative Procedure Act provides that for purposes of a state agency's notice of
intent to adopt a regulation, as well as in a statement to accompany an adopted regulation, the
agency must summarize any state provisions that are more stringent than their federal
counterparts. Additionally, when a small business impact statement is required, the agency must
further explain why the more-stringent state provisions are necessary.311

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 9 in coordination with the state of Nevada.
State has adopted the Uniform Fire Code (NFPA 30 and 30A) for aboveground storage tanks,
administered by the State Fire Marshal. Specific state requirements cover aboveground storage
tanks at marinas for tanks less than 12,000 gallons, including registration, fees, and technical
requirements for secondary containment and overfill prevention.312

State code authorizes cost recovery for spills and resource damages; state does not have a spill
trust fund.313

401 Certification:

402 NPDES Program:

EPA has approved the state of Nevada to administer the NPDES permitting program. The state
issues its permits through the Nevada Division of Environmental Protection. Nevada has an
authorized NPDES permit program, pretreatment program, general permits program, and is

308 Nev. Rev. Stat, section 445A.415.

309 Nev. Admin. Code section 321.448.

310 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

311 Nev. Rev. Stat, section 233B.0603(l)(a)(9); 233B.0609(6); 233B.066(l)(i).

312 Nev. Admin. Code sections 459.9921, 477.323.

313 Nev. Rev. Stat, section 445A.700, 445C.310.

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authorized to regulate federal facilities. Nevada does not have an authorized biosolids

314

program.

EPA issues all NPDES permits on tribal lands.315

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has state authority to issue permits for dredged and fill activities in submerged lands.316
Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the 2020 NWPR: No change

34.

Definition of Waters of the State:

Surface waters of the state are perennial and seasonal streams, lakes, ponds, and tidal waters
within the jurisdiction of the state, including all streams, lakes, or ponds bordering on the state,
marshes, water courses, and other bodies of water, natural or artificial.317
Groundwaters shall mean all areas below the top of the water table, including aquifers, wells and
other sources of groundwater.318

Definition of Wetlands:

An area that is inundated or saturated by surface water or groundwater at a frequency and
duration sufficient to support, and that under normal conditions does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions.319

No Net Loss Goal for Wetlands:

Has a formal no net loss goal for wetlands.320

Additional State Conditions and Requirements:

No limitations identified.

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 1 in coordination with the state of New
Hampshire.

314 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

315 EPA, NPDES Wastewater & Stormwater Permits (2017), available at
https: //www3. epa. go v/region9/water/npdes/permits.html.

316 Nev. Rev. Stat, sections 322.100 et seq:, NAC 322.060

317 N.H. Rev. Stat, section 485-A:2(XIV).

318 Id. at V. Although groundwaters are not included in the same definition as surface waters for the purposes of what is a water
of the state, New Hampshire treats both surface and groundwater as waters of the state in its Water Pollution and Waste Disposal
Act. N.H. Rev. Stat, section 485-A: 1.

319 N.H. Rev. Stat, section 482-A:2.

320 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

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Aboveground storage tanks are regulated by the state Department of Environmental Services and
the Fire Marshal's Office; state has adopted the Uniform Fire Code (NFPA 30 and 30A) for
aboveground storage tanks. Rules apply to facilities with a single tank with a capacity greater
than 660 gallons or facilities with two or more tanks capacity greater than 1,320 gallons.
Requirements include registration, construction standards, release detection and prevention,
secondary containment, and an SPCC Plan (certified by PE licensed in NH).321
State code authorizes cost recovery for spills and resource damages; state has a spill trust fund.322

401 Certification:

402 NPDES Program:

New Hampshire is not authorized to run the NPDES program.323
EPA issues all NPDES permits in New Hampshire.324

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has state authority to issue permits for dredged and fill activities in surface waters and
wetlands,325 including isolated waters.326

Changes Since Publication of the 2020 NWPR

• Regulatory Change327

o Revisions to Wetland Rules effective October 2020

• Proposed Change328

o Bill proposed that would change the definition of 'prime wetland'.

NEW

Definition of Waters of the State:

All surface waters and ground waters in the State.329

Definitions of Wetlands:

Coastal wetland: any bank, marsh, swamp, meadow, flat or other low land subject to tidal action
in the State of New Jersey along the Delaware bay and Delaware river, Raritan bay, Barnegat

321 N.H. Code Admin. R. Env-Or 300.

322 N.H. Rev. Stat, chapter 146-A.

323 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

324 EPA, New Hampshire NPDES Permits, available at https://www.epa.gov/npdes-permits/new-hampshire-npdes-permits.

325 N.H. Rev. Stat, chapter 482-A.

326 ELI, 2013. State Constraints: State-Imposed Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope
of the Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

327 N.H. DES Administrative Rule Env-Wt 100-900, available at https://www.des.nh.gov/rules-and-
regulatorv/administrative-rules?kevs=envwt

328 N.H. House Bill 158 (2021) regarding definition change of Chapter 482-A: 15 "primary wetlands"
www.gencourt.state.nh.us/bill Status/billText.aspx?sv=2021&id=300&txtFormat=html

329 N.J. Rev. Stat, section 58:1A-3.

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bay, Sandy Hook bay, Shrewsbury river including Navesink river, Shark river, and the coastal
inland waterways extending southerly from Manasquan Inlet to Cape May Harbor, or at any
inlet, estuary or tributary waterway or any thereof, including those areas now or formerly
connected to tidal waters whose surface is at or below an elevation of 1 foot above local extreme
high water, and upon which may grow or is capable of growing some, but not necessarily all, of
the listed plants.330

Freshwater wetland: an area that is inundated or saturated by surface water or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances does support,
a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation; provided, however, that the department, in designating a
wetland, shall use the 3-parameter approach (i.e. hydrology, soils and vegetation) enumerated in
the April 1, 1987 interim-final draft "Wetland Identification and Delineation Manual" developed
by the United States Environmental Protection Agency, and any subsequent amendments
thereto.331

No Net Loss Goal for Wetlands:

Has a formal no net loss goal for wetlands.332

Additional State Conditions and Requirements:

By executive order issued in 1994, New Jersey agencies adopting a rule or regulation to
implement or otherwise comply with federal programs must provide a statement as to whether
the rule or regulation contains any standards or requirements which exceed the standards or
requirements imposed by federal law. The agency must include a cost-benefit analysis
supporting its determination to impose the standards and showing that the standards are
achievable under current technology.333

A related requirement in a 2010 executive order prohibits a state agency from proposing a rule
that exceeds the requirements of federal law, except when required to do so by state law, or when
doing so is necessary to achieve a New Jersey specific public policy goal. Agencies are further
required to detail and justify every instance where a proposed rule exceeds the requirements of
federal law or regulation.334

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 2 in coordination with the state of New Jersey.

330 N.J. Rev. Stat, section 13:9A-2.

331 N.J. Rev. Stat, section 13:9B-3.

332 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

333 N.J. Exec. Order No. 27 (Gov. Whitman), Nov. 2, 1994.

334 N.J. Exec. Order No. 2 (Gov. Christie), Jan. 20, 2010.

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State has established specific requirements for facilities with aboveground storage tanks,
including requirements for secondary containment, overfill prevention, and tank integrity, similar
to SPCC requirements.335

State has also adopted the Uniform Fire Code (NFPA 30 and 30A) as well as the National
Building and Mechanical Code (under BOCA) for aboveground storage tanks.336
State code authorizes cost recovery for spills and resource damages; state has a spill trust fund
(New Jersey Spill Compensation and Control Act).337

401 Certification:

402 NPDES Program:

EPA has approved the state of New Jersey to administer the NPDES permitting program. The
state issues its permits through the New Jersey Department of Environmental Protection. New
Jersey has an authorized NPDES permit program, pretreatment program, general permits
program, and is authorized to regulate federal facilities. New Jersey does not have an authorized
biosolids program.338

404 Dredged and Fill Permitting:

New Jersey has assumed the administration of the 404 program (has full state permitting
authority).339

Has state authority to issue permits for dredged and fill activities in coastal surface waters and
wetlands,340 and isolated waters.341

Changes Since Publication of the 2020 NWPR: No change

36. NEW MEXICO

Definition of Waters of the State:

All water, including water situated wholly or partly within or bordering upon the state, whether
surface or subsurface, public or private, except private waters that do not combine with other
surface or subsurface water.342

335 N.J. Admin. Code section 7: IE.

336 Id.

337 N.J. Rev. Stat, section 58:10-23.11.

338 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

339 EPA, 2018. State or Tribal Assumption of the Section 404 Permit Program, available at https://www.epa.gov/cwa-4Q4/state-
or-tribal-assumption-section-404-permit-program. Mitigation is required for all wetland and water impacts permitted under an
individual permit as well as for three general permits (hazardous waste cleanup and remediation, landfill closures, and
redevelopment of brownfields). See ASWM, New Jersey State Wetland Program Summary, available at
https://www.aswm.org/pdf lib/state summaries/new jersey state wetland program summary 090415.pdf.

340 N.J. Rev. Stat, sections 13:9A-1 etseq.

341 ELI, 2013. State Constraints: State-Imposed Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope
of the Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

342 N.M. Stat, section 74-6-2.

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All natural waters flowing in streams and watercourses, whether perennial or torrential, within
the limits of the state of New Mexico, belong to the public and are subject to appropriation for
beneficial use. A watercourse is hereby defined to be any river, creek, arroyo, canyon, draw, or
wash, or any other channel having definite banks and bed with visible evidence of the occasional
flow of water.343

Definition of Wetlands:

Those areas that are inundated or saturated by surface or ground water at a frequency and
duration sufficient to support, and under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions in New Mexico. Wetlands that
are constructed outside of a surface water of the state for the purpose of providing wastewater
treatment and that do not impound a surface water of the state are not included in this
definition.344

No Net Loss Goal for Wetlands:

Does not have a no net loss goal for wetlands.345

Additional State Conditions and Requirements:

No limitations identified.

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 6 in coordination with the state of New
Mexico.

State has adopted the Uniform Fire Code (NFPA 30 and 30A) for aboveground storage tanks,
administered by the State Fire Marshal. State also has specific aboveground storage tanks
regulations that apply to tanks that are 1,320 gallons or more, and less than 55,000 gallons.
Requirements include registration, design, construction and installation standards, release
detection, record-keeping and financial responsibility.346

State code authorizes cost recovery for spills and resource damages; state has a spill trust fund.347

401 Certification:

402 NPDES Program:

New Mexico is not authorized to run the NPDES program.348

343 N.M. Stat, section 72-1-1

344 N.M. CodeR. section 20.6.4.7.W(4).

345 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

346 N.M. Code R. section 20.5.

347 N.M. Stat, sections 74-4-7, 74-4-8, 74-4-10.

348 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

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EPA issues all NPDES permits in New Mexico.349

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Does not have state authority to issue permits for dredged and fill activities in surface waters and
wetlands.

Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the 2020 NWPR: No change

37.

Definition of Waters of the State:

Includes lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams,
creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial limits of the
state of New York and all other bodies of surface or underground water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those private waters which do not
combine or effect a junction with natural surface or underground waters), which are wholly or
partially within or bordering the state or within its jurisdiction.350

Definitions of Wetlands:

Freshwater wetlands: lands and waters of the state as shown on the freshwater wetlands map
which contain any or all of the following: (a) lands and submerged lands commonly called
marshes, swamps, sloughs, bogs, and flats supporting aquatic or semi-aquatic vegetation;351 (b)
lands and submerged lands containing remnants of any vegetation that is not aquatic or semi-
aquatic that has died because of wet conditions over a sufficiently long period, provided that
such wet conditions do not exceed a maximum seasonal water depth of six feet and provided
further that such conditions can be expected to persist indefinitely, barring human intervention;
(c) lands and waters substantially enclosed by aquatic or semi-aquatic vegetation as set forth in
paragraph (a) or by dead vegetation as set forth in paragraph (b) the regulation of which is
necessary to protect and preserve the aquatic and semi-aquatic vegetation as set forth in
paragraph (a) or by dead vegetation as set forth in paragraph (b) the regulation of which is
necessary to protect and preserve the aquatic and semi-aquatic vegetation; and (d) the waters
overlying the areas set forth in (a) and (b) and the lands underlying (c).352
Tidal wetlands: shall mean and include the following: (a) those areas which border on or lie
beneath tidal waters, such as, but not limited to, banks, bogs, salt marsh, swamps, meadows, flats
or other low lands subject to tidal action, including those areas now or formerly connected to

349	EPA, New Mexico NPDES Permits, available at https: //www, epa. gov/npdes-permits/new-mexico-npdes-pennits.

350	N.Y. Env. Law section 17-0105(2).

351	Definition includes descriptions of eight types of vegetation (wetland trees; wetland shrubs; emergent vegetation; rooted,
floating-leaved vegetation; free-floating vegetation; wet meadow vegetation; bog mat vegetation; and submergent vegetation).

352	N.Y. Env. Law section 24-0107(1).	

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tidal waters; (b) all banks, bogs, meadows, flats and tidal marsh subject to such tides, and upon
which grow or may grow some or any specific vegetation.353

No Net Loss Goal for Wetlands:

Does not have a no net loss goal for wetlands.354

Additional State Conditions and Requirements:

New York's Freshwater Wetlands Act was designed to work in tandem with the Clean Water
Act by more stringently regulating activities in a limited number of wetlands already under Clean
Water Act jurisdiction. New York State's freshwater wetlands law relies on federal jurisdiction
under sections 401 and 404 of the Clean Water Act to protect freshwater wetlands that fall below
the New York State 12.4-acre threshold or otherwise lie outside the Freshwater Wetlands Act.355

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 2 in coordination with the state of New York.
State has established specific requirements for facilities with aboveground storage tanks, with a
combined storage capacity of more than 1,100 gallons. Technical requirements include tank
registration (every five years), secondary containment, comprehensive inspections, and cathodic
protection.356

Additional requirements apply to oil storage facilities with capacities of 400,000 gallons or more,

including fees, operating licenses, and implementation of a spill prevention plan.357

State code authorizes cost recovery for spills and resource damages; state has a spill trust fund.358

401 Certification:

402 NPDES Program:

EPA has approved the state of New York to administer the NPDES permitting program. The
state issues its permits through the New York Department of Environmental Conservation. New
York has an authorized NPDES permit program, general permits program, and is authorized to
regulate federal facilities. New York does not have an authorized biosolids or pretreatment

359

program.

353 N.Y. Env. Law section 25-0103(1). Definition includes descriptions of ten types of vegetation (salt hay, black grass, saltworts,
sea lavender, tall cordgrass, hightide bush, cattails, groundsel, marsh mallow, and low marsh cordgrass).

354 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

355 From public comment submitted by New York Department of Environmental Conservation; N.Y. Env Law article 24.

356 N.Y. Env. Law sections 17-1001 etseq.

357 N.Y. Nav. Law article 12.

358 N.Y. Nav. Law sections 171, 189.

359 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

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EPA issues all NPDES permits on tribal lands and for some federal facilities.360

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has state authority to issue permits for dredged and fill activities in surface waters and
wetlands,361 including isolated waters.362

Changes Since Publication of the 2020 NWPR: No change

38.

Definition of Waters of the State:

Any stream, river, brook, swamp, lake, sound, tidal estuary, bay, creek, reservoir, waterway, or
other body or accumulation of water, whether surface or underground, public or private, or
natural or artificial, that is contained in, flows through, or borders upon any portion of this State,
including any portion of the Atlantic Ocean over which the State has jurisdiction.363

Definition of Wetlands:

Areas that are inundated or saturated by an accumulation of surface or ground water at a
frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs and similar areas. Wetlands classified as waters of the
state are restricted to waters of the United States as defined by 33 CFR 328.3 and 40 CFR
230.3.364

No Net Loss Goal for Wetlands:

Has a formal no net loss goal for wetlands.365

Additional State Conditions and Requirements:

Subject to certain exceptions, North Carolina agencies that implement and enforce environmental
laws may not adopt a rule for protection of the environment or natural resources that imposes a
more restrictive standard, limitation, or requirement than those imposed by federal law or rule, if
a federal law or rule pertaining to the same subject matter has been adopted. The exceptions,
which are narrow, include where adoption of a more restrictive rule would be required by a
serious and unforeseen threat to the public health, safety, or welfare.366

Wetlands classified as waters of the state are restricted to waters of the United States as defined
by 33 CFR 328.3 and 40 CFR 230.3.367

360 EPA, New York NPDES Permits, available at https://www.epa.gov/npdes-permits/new-vork-npdes-permits.

361 N.Y. Env. Law sections 24-0101 etseq., 25-0101 etseq., 15-0501 etseq.

362 ELI, 2013. State Constraints: State-Imposed Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope
of the Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

363 N.C. Gen. Stat. 143-212(6).

364 15AN.C. Admin. Code 02B.0202.

365 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

366 N.C. Gen. Stat, section 150B-19.3.

367 15A N.C. Admin. Code 02B .0202.

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303 Water Quality Standards:
Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 4 in coordination with the state of North
Carolina.

State regulates aboveground storage tanks at oil terminal facilities only, having a capacity of
21,000 gallons or higher (excluding retail gasoline operations). Facilities are required to register
with the state and provide a site plan and description of procedures for the prevention of oil
spills.368

Aboveground storage tanks are also covered by the NC Carolina Fire Code (following NFPA
Standard 30 and 30A), administered by the State Fire Marshal.369

State code authorizes cost recovery for spills and resource damages; state has a spill trust fund.370

401 Certification:

402 NPDES Program:

EPA has approved the state of North Carolina to administer the NPDES permitting program. The
state issues its permits through the North Carolina Department of Environmental Quality. North
Carolina has an authorized NPDES permit program, pretreatment program, general permits
program, and is authorized to regulate federal facilities. North Carolina does not have an
authorized biosolids program.371
EPA issues all NPDES permits on tribal lands.372

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has state authority to issue permits for dredged and fill activities in coastal surface waters and
wetlands,373 submerged lands,374 and isolated waters.375

Changes Since Publication of the 2020 NWPR
• Regulatory Change376

o On March 16, 2021, the NC Department of Environmental Quality (DEQ)
proposed temporary rules to reestablish a permitting mechanism for projects
impacting waters subject to state wetland protections but no longer a federally

368 N.C. Gen. Stat, sections 143-215.95 etseq.

369 NC DEQ, Underground Storage Tank Section, available at http://portal.ncdenr.org/web/wm/ust/otfmain.

370 N.C. Gen. Stat, sections 143-215.87,143-215.88, 143-215.88A, 143-215.90, 143-215.93.

371 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

372 EPA, North Carolina NPDES Permits, available at https://www.epa.gov/npdes-permits/north-carolina-npdes-permits.

373 N.C. Gen. Stat, sections 113A-100 etseq.

374 N.C. Gen. Stat, section 113-229.

375 1 5AN.C. Admin. Code2H.1301 etseq.

376 1 5A NCAC 02H 0.1400 et seq.; 15A NCAC 02H 0.1301 (Revision)

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jurisdictional wetland or surface water; the temporary rules became effective May
28, 2021.

39. NORTH DAKOTA

Definition of Waters of the State:

All waters within the limits of the state from the following sources of water supply: waters on the
surface of the earth excluding diffused surface waters but including surface waters whether
flowing in well-defined channels or flowing through lakes, ponds, or marshes which constitute
integral parts of a stream system, or waters in lakes; waters under the surface of the earth
whether such waters flow in defined subterranean channels or are diffused percolating
underground water; all residual waters resulting from beneficial use, and all waters artificially
drained; and all waters, excluding privately owned waters, in areas determined by the state
engineer to be noncontributing drainage areas. A noncontributing drainage area is any area that
does not contribute natural flowing surface water to a natural stream or watercourse at an
average frequency more often than once in three years over the latest 30-year period.377

Definition of Wetlands:

A natural depressional area that is capable of holding shallow, temporary, intermittent, or
permanent water. It does not include sheetwater.378

No Net Loss Goal for Wetlands:

Does not have a no net loss goal for wetlands.379

Additional State Conditions and Requirements:

The state department of health may only adopt rules more stringent than federal regulations if,
after a public hearing, a written finding is made that federal regulations are not adequate to
protect public health and the environment of the state; this law applies to rules adopted pursuant
to a number of federal laws including the CWA.380

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 8 in coordination with the state of North
Dakota.

State has adopted the Uniform Fire Code (NFPA 30 and 30A) for aboveground storage tanks,
administered by the State Fire Marshal. All owners or operators of aboveground petroleum

377 N.D. Cent. Code section 61-01-01.

378 N.D. Cent. Code section 61-31-02 (7).

379 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

380 N.D. Cent. Code section 23-01-04.1.

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storage tanks are required to register tanks with the state and pay an annual registration fee for
each tank.381

State code authorizes cost recovery for spills; state has a spill trust fund (Petroleum Tank Release
Compensation Fund; covers registered tanks).382

401 Certification:

402 NPDES Program:

EPA has approved the state of North Dakota to administer the NPDES permitting program. The
state issues its permits through the North Dakota Department of Health. North Dakota has an
authorized NPDES permit program, pretreatment program, general permits program, and is
authorized to regulate federal facilities. North Dakota does not have an authorized biosolids
program.

EPA issues all NPDES permits on tribal lands.384

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has state authority to issue permits for dredged and fill activities in submerged lands.385
Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the 2020 NWPR: No Change

40.

Definition of Waters of the State:

All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems,
drainage systems, and other bodies or accumulations of water, surface and underground, natural
or artificial, regardless of the depth of the strata in which underground water is located, that are
situated wholly or partly within or border upon this state or are within its jurisdiction.386

Definition of Wetlands:

Those areas that are inundated or saturated by surface or ground water at a frequency and
duration that are sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands includes
swamps, marshes, bogs, and similar areas that are delineated in accordance with the 1987 United

381 See North Dakota Attorney General, Above Ground Storage of Liquid Fuels, available at
https://attornevgeneral.nd.gov/public-safetv/above-ground-storage-liauid-fuels.

382 N.D. Cent. Code, sections 23-20.3-05.1, 23-20.3-09, 23-31-01, 23-37-12.

383 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

384 EPA, North Dakota NPDES Permits (2017) available at https://www.epa.gov/npdes-permits/north-dakota-npdes-permits.

385 N.D. Cent. Code chapter 61-03, 61-33; N.D. Admin. Code article 89-10-01-34.

386 Ohio Rev. Code section 1501.30(A)(6).

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States army corps of engineers wetland delineation manual and any other procedures and
requirements adopted by the United States army corps of engineers for delineating wetlands.387

No Net Loss Goal for Wetlands:

Has a formal no net loss goal for wetlands.388

Additional State Conditions and Requirements:

Prior to adopting any rule relating to environmental protection, state agencies must take steps
involving a cost-benefits analysis and technological feasibility of the rule; the agency must
submit information to the joint committee on agency rule review.389

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 5 in coordination with the state of Ohio.

State has adopted the Uniform Fire Code (NFPA 30 and 30A) for aboveground storage tanks (as
Ohio Fire Code) administered by the State Fire Marshal. Permits are required to install, remove,
repair or modify tanks.390

State code authorizes cost recovery for spills; state has a spill trust fund for use by the state to
investigate and respond to spills.391

401 Certification:

402 NPDES Program:

EPA has approved the state of Ohio to administer the NPDES permitting program. The state
issues its permits through the Ohio Environmental Protection Agency. Ohio has an authorized
NPDES permit program, pretreatment program, general permits program, biosolids program, and
is authorized to regulate federal facilities.392
EPA issues all NPDES permits on tribal lands.393

404 Dredged and Fill Permitting:

Has not assumed the 404 program.394

387 Ohio Rev. Code section 6111.02(P).

388 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

389 Ohio Rev. Code section 121.39.

390 Ohio Admin. Code 1301:7-7-01 etseq.

391 Ohio Rev. Code sections 3745.12-13.

392 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

393 EPA, Ohio NPDES Permits, available at https://www.epa.gov/npdes-permits/ohio-npdes-permits.

394 Ohio has considered assumption in 2012-2013. A 2012 attempt to amend the state statute (Ohio Revised Code) as part of an
omnibus bill was never adopted by the legislature. Another attempt in 2013 to add it to the budget bill was removed by
amendment prior to passing of the bill.

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Has state authority to issue permits for dredged and fill activities in coastal surface waters and
wetlands,395 submerged lands,396 and isolated waters.397
Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the 2020 NWPR
• Regulatory Change

o In June 2020, Ohio EPA issued a new general permit for filling and discharge of
dredge material that covers Category I and Category II isolated wetlands and
ephemeral streams.398 The new general permit was issued in response to the 2020
NWPR rule which left these water features unprotected,
o On April 20, 2022, H.B. 175 was signed by the Governor, which removes ephemeral
streams found to be non-jurisdictional by the federal government from the definition
of Waters of the State.399 Effective date July 21, 2022.

41. OKI ,AHOMA

Definition of Waters of the State:

All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems,
drainage systems, storm sewers, and all other bodies or accumulations of water, surface and
underground, natural or artificial, public or private, which are contained within, flow through, or
border upon this state or any portion thereof, and includes under all circumstances the waters of
the United States which are contained within the boundaries of, flow through or border upon the
state.400

Definition of Wetlands:

Those lands subject to periodic or seasonal flooding by water as defined under Section 404 of the
Clean Water Act and so designated by the State or Federal agency charged with making such
determination.401

No Net Loss Goal for Wetlands:

Has a formal no net loss goal for wetlands.402

Additional State Conditions and Requirements:

395 Ohio Rev. Code section 1506.

396 Id.

397 Ohio Rev. Code sections 6111.021 et seq.

398 State of Ohio Isolated Wetland and Ephemeral Stream General Permit (June 2020), available at
https: //epa. ohio. gov/Portals/3 5/permits/EphemeralStream-and-L 1 -IW-GP.pdf

399 Ohio General Assembly House Bill 175 (2021), available at https://www.legislature.ohio.gov/legislation/legislation-
summarv?id=GA 134-HB-175

400 Oklahoma Stat. tit. 27A, section 1-1-201 (20).

401 Okla. Admin. Code 460:30-1-3.

402 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

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Each state environmental agency, prior to adopting rules that are more stringent than federal
requirements, must prepare a statement outlining economic impacts and environmental benefits
of the rules; the statement must be submitted to the governor and legislature.403

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 6 in coordination with the state of Oklahoma.
State has adopted the Uniform Fire Code (NFPA 30 and 30A) for aboveground storage tanks,
administered by the State Fire Marshal.404

Facilities with aboveground petroleum storage tanks (110 gallons or greater at retail, public
airports, marinas, and emergency generators or 2100 gallons or greater at fleet and commercial
facilities) must register tanks with Oklahoma Corporation Commission, pay fees, and meet
technical requirements related to secondary containment, overfill protection, design, security,
inspection and release reporting/05

State code authorizes cost recovery for spills; state has a spill trust fund.406

401 Certification:

402 NPDES Program:

EPA has approved the state of Oklahoma to administer the NPDES permitting program. The
state issues its permits through the Oklahoma Dept. of Environmental Quality. Oklahoma has an
authorized NPDES permit program, pretreatment program, general permits program, biosolids
program, and is authorized to regulate federal facilities.407
EPA issues permits on all tribal lands.408

Oklahoma does not have the authority to issue NPDES permits for oil and gas exploration and
production related industries and pipeline operations. EPA is the permitting authority for these
activities.409

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Does not have state authority to issue permits for dredged and fill activities in surface waters and
wetlands.

Relies on federal permitting authority and CWA section 401.

403 Oklahoma Stat. tit. 27A, section 1-1-206.

404 Okla. Admin. Code 165:26-1 etseq.

405 Id.

406 Oklahoma Stat. tit. 27A, section 2-7-129; Okla. Admin. Code 252:205-13-1, 252:205-23-2.

407 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

408 EPA, Oklahoma NPDES Permits, available at https://www.epa.gov/npdes-permits/oklahoma-npdes-permits.

409 61 Fed. Reg. 65047-65053 (Dec. 10, 1996), available at https://www.govinfo.gov/content/pkg/FR-1996-12-10/html/96-
31274.htm

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Changes Since Publication of the 2020 NWPR: No change

42. OREGON
Definition of Waters of the State:

For water quality monitoring administered by Oregon Department of Environmental Quality:
Lakes, bays, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries,
marshes, inlets, canals, the Pacific Ocean within the territorial limits of the state, and all other
bodies of surface or underground waters, natural or artificial, inland or coastal, fresh or salt,
public or private (except those private waters which do not combine or effect a junction with
natural surface or underground waters), which are wholly or partially within or bordering the
state or within its jurisdiction.410

For Oregon's Wetlands and Waterways Regulatory (Removal-Fill) Program administered by
Oregon Department of State Lands: All natural waterways, tidal and nontidal bays, intermittent
streams, constantly flowing streams, lakes, wetlands, that portion of the Pacific Ocean that is in
the boundaries of this state, all other navigable and nonnavigable bodies of water in this state and
those portions of the ocean shore, as defined in ORS 390.605, where removal or fill activities are
regulated under a state-assumed permit program as provided in 33 U.S.C. 1344(g) of the Federal
Water Pollution Control Act, as amended.411

Definition of Wetlands:

Those areas that are inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions.412

No Net Loss Goal for Wetlands:

Has a formal no net loss goal for wetlands.413

Additional State Conditions and Requirements:

The Oregon Environmental Quality Commission and the Department of Environmental Quality
are prohibited from promulgating or enforcing effluent limitations upon nonpoint source
discharges of pollutants resulting from forest operations on forestlands, unless required to do so
by the federal CWA.414

Oregon's Administrative Procedure Act sets forth the state policy that agencies are to adopt rules
that correspond with equivalent federal laws and rules, unless: (1) there is specific statutory
direction to the agency that authorizes adoption of the rule; (2) a federal waiver authorizes the
adoption of the rule; (3) local or special conditions in the state warrant a different rule; (4) the
state rule clarifies federal rules, standards, procedures, or requirements; (5) the state rule

410	Or. Rev. Stat, section 468B.005.

411	Or. Rev. Stat section 196.800(15). Definition supplemented by public comment from Oregon Department of State Lands.

412	Or. Admin. R. 340-055-0010.

413	Or. Rev. Stat, sections 196.672 (4) & (5); updated based on public comment from Oregon Department of State Lands.

414	Or. Rev. Stat, section 468B. 110(2).	

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achieves the goals of the federal and state law with the least impact on public and private
resources; or (6) there is no corresponding federal regulation.415

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 10 in coordination with the state of Oregon.
State has adopted the Uniform Fire Code (NFPA 30 and 30A) for aboveground storage tanks,
administered by the State Fire Marshal and local fire departments (OR Fire Code). OR
Department of Environmental Quality enforces requirements for facilities with aboveground
storage tanks with capacities of 10,000 gal or greater where petroleum oil is received from
pipelines or vessels.416

State also has worst case spill contingency plan requirements for oil storage facilities.

State code authorizes cost recovery for spills and resource damages; state has a spill trust fund
(Oil Spillage Control Fund) for use by the state for activities, such as reviewing contingency
plans and carrying out cleanup activities.417

401 Certification:

402 NPDES Program:

EPA has approved the state of Oregon to administer the NPDES permitting program. The state
issues its permits through the Oregon Department of Environmental Quality. Oregon has an
authorized NPDES permit program, pretreatment program, general permits program, and is
authorized to regulate federal facilities. Oregon does not have an authorized biosolids

418

program.

EPA issues permits on all tribal lands and in federal waters off the coast.419

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has state authority to issue permits for dredged and fill activities in surface waters and
wetlands,420 including isolated waters.421

Changes Since Publication of the 2020 NWPR
• New Guidance422

415 Or. Rev. Stat, section 183.332.

416 Or. Admin. R. 837-040-0010 etseq.

417 Or. Rev. Stat, sections 468B.45,468B.310, 468B.320, 468B.455.

418 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

419 EPA, Oregon NPDES Permits, available at https://www.epa.gov/npdes-permits/oregon-npdes-permits.

420 Or. Rev. Stat, sections 196.800 etseq.; Or. Admin. R. 660-015-0010.

421 ELI, 2013. State Constraints: State-Imposed Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope
of the Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

422 State of Oregon, Department of Environmental Quality, Memorandum to Environmental Quality Commission (Nov 13,2020),
available at https://www.oregon.gov/dea/EQCdocs/120320 D WOTUS.pdf.

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o The state of Oregon published a memorandum to the Environmental Quality
Commission to outline some of the impacts of the new federal regulations,
particularly where the narrowed federal program also limits when the state
certifies federal actions as complying with (federally-approved) state water
quality standards. ORDEQ is issuing Mutual Agreement Orders (similar to review
that would occur under CWA Section 401) to applicants for sites that are no
1 onger j uri sdi cti onal.

43. PENNSYLVANIA
Definition of Waters of the Commonwealth:

Includes any and all rivers, streams, creeks, rivulets, impoundments, ditches, water courses,
storm sewers, lakes, dammed water, ponds, springs and all other bodies or channels of
conveyance of surface or underground water, or parts thereof, whether natural or artificial, within
or on the boundaries of this Commonwealth.423

Definition of Wetlands:

No Net Loss Goal for Wetlands:

Does not have a no net loss goal for wetlands.425

Additional Commonwealth Conditions and Requirements:

Commonwealth agencies may not exceed federal standards unless justified by a compelling and
articulable interest or required by Commonwealth law.426

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 3 in coordination with the Commonwealth of
Pennsylvania.

Commonwealth has specific requirements for aboveground storage tank with capacities greater
than 250 gallons, including registration, permitting, inspections (for tanks >5,000 gallons) and
release reporting. Spill prevention response plans are required for facilities with capacities
greater than 21,000 gallons. Specific technical requirements for containment, overfill prevention,

423 3 5 Pa. Cons. Stat, section 691.1.

424 Id.

425 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

426 Pa. Exec. Order No. 1996-1 (Feb. 6, 1996); 4 Pa. Code section 1.371(5).

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corrosion protection, leak detection, and inspection/testing. Tanks located at oil production
facilities and a food-related facilities are exempted.427

Commonwealth code authorizes cost recovery for taking corrective action in response to spills;
Commonwealth has a spill trust fund (Storage Tank Fund) for use by the Commonwealth to
operate the underground and aboveground storage tank programs and carrying out spill cleanup
activities.

401 Certification:

402 NPDES Program:

EPA has approved the Commonwealth of Pennsylvania to administer the NPDES permitting
program. The state issues its permits through the Pennsylvania Department of Environmental
Protection. Pennsylvania has an authorized NPDES permit program, general permits program,
and is authorized to regulate federal facilities. Pennsylvania does not have an authorized
biosolids or pretreatment program.429

404 Dredged and Fill Permitting:

Has not assumed the Section 404 program.430

Has Commonwealth authority to issue permits for dredged and fill activities in surface waters
and wetlands,431 including isolated waters.432

Changes Since Publication of the 2020 NWPR: No change

44. PUERTO RICO
Definition of Waters of the Territory:

All coastal waters, surface waters, estuarine waters, ground waters and wetlands as defined in
this Regulation.433

Definition of Wetlands:

A natural area saturated by surface or ground water, at an interval or duration sufficient to
sustain, and under normal circumstances, does sustain or would sustain vegetation typically
adapted to saturated, flooded, or marshy soil conditions, which includes areas such as swamps,

427 P.L. 169, No. 32.

428 3 5 Pa. Cons. Stat, sections 691.8, 691.602.

429 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

430 Implements a State Programmatic General Permit pursuant to CWA 404(e) for specifically identified activities under Section
404 of the CWA or section 10 of the Rivers and Harbors Act of 1899. The currently operative permit is PASPGP-5 (issued July
2016). 46 Pa. B. 3879; http://www.nap.usace.armv.mil/Portals/39/docs/regulatorv/spgp/PASPGP-5,pdf?ver=2018-01-12-111748-
487.

431 32 Pa. Cons. Stat, sections 693.1 et seq.

432 ELI, 2013. State Constraints: State-Imposed Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope
of the Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

433 Puerto Rico Rule 1301.1.

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marshes, coastal plains (salt flats and mud flats), open bodies of water, salt marshes or similar

434

areas.

Additional Territory Conditions and Requirements:

No limitations identified.

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

Territory does not have an aboveground storage tank regulatory program and relies on EPA to
directly implement federal spill prevention and preparedness regulations.

401 Certification:

402 NPDES Program:

EPA issues all NPDES permits within Puerto Rico.435

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the 2020 NWPR: No Changes

45. RHODE ISLAND

Definition of Waters of the State:

All surface waters including all waters of the territorial sea; tidewaters; all inland waters of any
river, stream, brook, pond, or lake; and wetlands, as well as all groundwaters.436

Definitions of Wetlands:

Freshwater wetlands: Includes, but is not limited to, those areas that are inundated or saturated
by surface or groundwater at a frequency and duration to support, and that under normal
circumstances do support a prevalence of vegetation adapted for life in saturated soil conditions.
Freshwater wetlands includes, but is not limited to: marshes, swamps, bogs, emergent, and
submergent plant communities, and for the purposes of this chapter, rivers, streams, ponds, and
vernal pools.437

Coastal wetland: Any salt marsh bordering on the tidal waters of this state, whether or not the
tidal waters reach the littoral areas through natural or artificial watercourses, and those uplands

434 1 2 L.P.R.A. section 5005.

435 EPA, Puerto Rico NPDES Permits, available at https://www.epa.gov/npdes-permits/puerto-rico-npdes-permits.

436 R.I. Gen. Laws section 46-12-1.

437 R.I. Gen. Laws section 2-1-20.

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directly associated and contiguous thereto which are necessary to preserve the integrity of that
marsh. Marshes shall include those areas upon which grow one or more of certain species.438

No Net Loss Goal for Wetlands:

Has an informal no net loss goal for wetlands.439

Additional State Conditions and Requirements:

No limitations identified.

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 1 in coordination with the state of Rhode
Island.

State has adopted the Uniform Fire Code (NFPA 30 and 30A) for aboveground storage tanks,
administered by the State Fire Marshal.

State also has specific requirements for aboveground storage tanks with a combined storage
capacity over 500 gallons, including overfill protection, secondary containment, cathodic
protection for tank bottoms, and inspections (routine and for tanks of 10,000 gallons or more,
detailed inspections required within 10 years of the tank installation). Spill Prevention and
Emergency Plans are required; facilities can use federal SPCC plans to comply.440
State code authorizes cost recovery for spills and resource damages; state has a spill trust fund.441

401 Certification:

402 NPDES Program:

EPA has approved the state of Rhode Island to administer the NPDES permitting program. The
state issues its permits through the Rhode Island Department of Environmental Protection.

Rhode Island has an authorized NPDES permit program, pretreatment program, general permits
program, and is authorized to regulate federal facilities. Rhode Island does not have an
authorized biosolids program.442

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

438 R.I. Gen. Laws section 46-23-6. Definition includes descriptions of seventeen types of vegetation (smooth cordgrass, salt
meadow grass, spike grass, black rush, saltworts, sea lavender, saltmarsh bulrushes, hightide bush, tall reed, tall cordgrass,
broadleaf cattail, narrowleaf cattail, spike rush, chairmaker's rush, creeping bentgrass, sweet grass, and wild rye).

439 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

440 250 R.I. Code R. 140-25-2.

441 R.I. Gen. Laws sections 46-12.5.1-6, 46-12.5.1-7, 46-12.7-2.1.

442 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

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Has state authority to issue permits for dredged and fill activities in surface waters and
wetlands,443 including isolated waters.444

Changes Since Publication of the 2020 NWPR: No change
Regulatory change445

Freshwater Wetland Rules Revised; filed July 19, 2021, effective date July 1, 2022

46.

Definition of Waters of the State:

Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks,
estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial limits of the State and
all other bodies of surface or underground water, natural or artificial, public or private, inland or
coastal, fresh or salt, which are wholly or partially within or bordering the State or within its
jurisdiction.446

Definition of Wetlands:

Coastal wetlands: include marshes, mudflats, and shallows and means those areas periodically
inundated by saline waters whether or not the saline waters reach the area naturally or through
artificial water courses and those areas that are normally characterized by the prevalence of
saline water vegetation capable of growth and reproduction. Provided, however, nothing in this
definition shall apply to wetland areas that are not an integral part of an estuarine system.
Further, until such time as the exact geographic extent of this definition can be scientifically
determined, the department shall have the authority to designate its approximate geographic
extent.447

No Net Loss Goal for Wetlands:

Has a formal no net loss goal for wetlands.448

Additional State Conditions and Requirements:

No limitations identified.

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 4 in coordination with the state of South
Carolina.

443 R.I. Gen. Laws sections 2-1-18 et seq., 46-23-1 et seq.

444 ELI, 2013. State Constraints: State-Imposed Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope
of the Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

445 250 R.I. Code R. 150-15-2. Available at https://rules.sos.ri.gov/regulations/inactive/part/250-150-15-2: effective date updated
based on public comment letter from Rhode Island Department of Environmental Management.

446 S.C. Code Ann. section 48-1-10(2).

447 S.C. Code Ann. section 48-39-10(G).

448 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

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State has adopted the Uniform Fire Code (NFPA 30 and 30A) for aboveground storage tanks,
administered by the State Fire Marshal. Owners must register tanks with the State Fire
Marshal's Office for review.449

State code authorizes cost recovery for spills; state does not have a spill trust fund.450

401 Certification:

402 NPDES Program:

EPA has approved the state of South Carolina to administer the NPDES permitting program. The
state issues its permits through the South Carolina Department of Health and Environmental
Control. South Carolina has an authorized NPDES permit program, pretreatment program,
general permits program, and is authorized to regulate federal facilities. South Carolina does not
have an authorized biosolids program.451

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has state authority to issue permits for dredged and fill activities in coastal surface waters and
wetlands452 and submerged lands.453

Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the 2020 NWPR: No change

47.

Definitions of Waters of the State:

Definition of Wetlands:

Those areas that are inundated or saturated by surface or ground water at a frequency and
duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions including swamps, marshes,
bogs, and similar areas.455

No Net Loss Goal for Wetlands:

449 S.C. Code Ann. section 39-41-260.

450 S.C. Code Ann. sections 48-43-560, 48-43-610.

451 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

452 S.C. Code Ann. sections 8-39-10 et seq.

453 S.C. Code Ann. section 49-1-10; S.C. Code Regs. 19-450.

454 S.D. Codified Laws section 34A-2-2(12).

455 S.D. Admin. R. 74:51:01:01(53).

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Does not have a no net loss goal for wetlands.456

Additional State Conditions and Requirements:

No rule that has been promulgated pursuant to South Dakota's laws regarding environmental
protection, mining, oil, gas, and/or water may be more stringent than any corresponding federal
law, rule, or regulation.457

Another South Dakota stringency provision governs the rules pertaining to applications for a
federal license or permit necessary to conduct an activity which may result in a discharge into
waters of the state. It prohibits the Water Management Board from establishing rules for
certification that exceed minimum federal requirements.458

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 8 in coordination with the state of South
Dakota.

State has adopted the Uniform Fire Code (NFPA 30 and 30A) for aboveground storage tanks,
administered by the State Fire Marshal.459

State also has differentiated requirements for aboveground storage tanks for facilities with total
capacities of 250,000 gallons or less and facilities with more 250,000 gallons, including
secondary containment, overfill protection, cathodic protection, and internal inspections.460
State code authorizes cost recovery for spills; state has a spill trust fund (Petroleum Release
Compensation Fund).461

401 Certification:

402 NPDES Program:

EPA has approved the state of South Dakota to administer the NPDES permitting program. The
state issues its permits through the South Dakota Department of Environment and Natural
Resources. South Dakota has an authorized NPDES permit program, pretreatment program,
general permits program, biosolids program, and is authorized to regulate federal facilities.462
EPA issues all NPDES permits on tribal lands.463

404 Dredged and Fill Permitting:

456 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

457 S.D. Codified Laws section 1-40-4.1.

458 S.D. Codified Laws 34A-2-34.

459 S.D. Codified Laws section 34A-2-100.

460 Id.

461 S.D. Codified Laws sections 34A-12-3, 34A-12-12, 34A-2-53.

462 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

463 EPA, South Dakota NPDES Permits, available at https://www.epa.gov/npdes-permits/south-dakota-npdes-permits.

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Has not assumed the 404 program.

Has state authority to issue permits for dredged and fill activities in submerged lands.464
Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the 2020 NWPR: No change

48. TEN!

Definition of Waters of the State:

Any and all water, public or private, on or beneath the surface of the ground, that are contained
within, flow through, or border upon Tennessee or any portion thereof, except those bodies of
water confined to and retained within the limits of private property in single ownership that do
not combine or effect a junction with natural surface or underground waters.465

Definition of Wetlands:

Those areas that are inundated or saturated by surface or ground water at a frequency and
duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include
swamps, marshes, bogs, and similar areas.466

No Net Loss Goal for Wetlands:

Does not have a no net loss goal for wetlands.467

Additional State Conditions and Requirements:

The government operations committee reviewing an environmental protection or water pollution
control rule must recommend to the general assembly termination of any rule that imposes on
municipalities or counties environmental requirements or restrictions that are more stringent than
federal statutes or rules on the same subject and that result in increased expenditure requirements
on municipalities or counties beyond those required to meet the federal requirements - provided
that, during the public comment period, the agency was made aware of the issue, and the
increased expenditure level was specified. The provision does not apply if the general assembly
has appropriated funds to cover the increased expenditures.468

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 4 in coordination with the state of Tennessee.
State has adopted the 2003 edition of the Uniform Fire Code (NFPA 30 and 3 OA) for
aboveground storage tanks, administered by the State Fire Marshal.469

464	S.D. Codified Laws section 41-2-18; S.D. Admin. R. 41:04:03:01 etseq.

465	Tenn. Code Ann. section 69-3-103.

466	Tenn. Comp. R. & Regs. 0400-40-07-.03.

467	ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

468	Tenn. Code Ann. section 4-5-226(k).

469	Tenn. Code Ann, sections 50-3-101 etseq.	

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State code authorizes cost recovery for spills; state does not have a spill trust fund related to
aboveground storage tanks (one exists for underground storage tanks).470

401 Certification:

402 NPDES Program:

EPA has approved the state of Tennessee to administer the NPDES permitting program. The
state issues its permits through the Tennessee Department of Environment and Conservation.
Tennessee has an authorized NPDES permit program, pretreatment program, general permits
program, and is authorized to regulate federal facilities. Tennessee does not have an authorized
biosolids program.471

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has state authority to issue permits for dredged and fill activities in surface waters and
wetlands,472 including isolated waters.473

Changes Since Publication of the 2020 NWPR
Proposed Change474

° While not directly related to jurisdictional issues, proposed amendments to
Tennessee's water quality code by HB 707/SB 1043 (2021) would have
eliminated previous permit requirements for land application of treated sewage or
wastewater.

New Guidance475

o Guidance on the exception to "Waters of the State" was initial guidance and did
not significantly increase or decrease the protection of state waters, though its
rebuttable presumption that all surface waters are linked with groundwater may be
viewed as increasing protections.476 Changes to Hydrologic Determination (HD)
guidance for determining whether a waterbody is a Water of the State were minor
and did not seem to have a major impact on whether certain waters are
jurisdictional.

49. TEXAS
Definition of Waters of the State:

470 Tenn. Code Ann. sections 68-212-114, 68-216-103.

471 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

472 Tenn. Code Ann. section 69-3-108; Tenn. Comp. R. & Regs. 0400-4-7.

473 ELI, 2013. State Constraints: State-Imposed Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope
of the Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

474 Tenn. H.B. 707 (2021); Tenn. S.B. 1043 (2021).

475 Tenn. Dept. of Water Resources, DWR-NR-G-03, Hydrologic Determinations (2020)

476 Tenn. Dept. of Water Resources, DWR-NR-G-05, Waters of the State Exception Clause (2020)

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Groundwater, percolating or otherwise, lakes, bays, ponds, impounding reservoirs, springs,
rivers, streams, creeks, estuaries, wetlands, marshes, inlets, canals, the Gulf of Mexico, inside the
territorial limits of the state, and all other bodies of surface water, natural or artificial, inland or
coastal, fresh or salt, navigable or non-navigable, and including the beds and banks of all
watercourses and bodies of surface water, that are wholly or partially inside or bordering the
state or inside the jurisdiction of the state.477

Definition of Wetlands:

An area (including a swamp, marsh, bog, prairie pothole, or similar area) having a predominance
of hydric soils that are inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support and that under normal circumstances supports the growth and
regeneration of hydrophytic vegetation. The term "hydric soil" means soil that, in its undrained
condition, is saturated, flooded, or ponded long enough during a growing season to develop an
anaerobic condition that supports the growth and regeneration of hydrophytic vegetation. The
term "hydrophytic vegetation" means a plant growing in: water or a substrate that is at least
periodically deficient in oxygen during a growing season as a result of excessive water content.
The term "wetland" does not include irrigated acreage used as farmland; a man-made wetland of
less than one acre; or a man-made wetland where construction or creation commenced on or after
August 28, 1989, and that was not constructed with wetland creation as a stated objective,
including but not limited to an impoundment made for the purpose of soil and water conservation
that has been approved or requested by soil and water conservation districts. If this definition of
wetland conflicts with the federal definition in any manner, the federal definition prevails.478

No Net Loss Goal for Wetlands:

Has a formal no net loss goal for wetlands.479

Additional State Conditions and Requirements:

The Texas Commission on Environmental Quality is prohibited from entering into a
memorandum of agreement or any other form of contract with or among state or federal agencies
that would impose requirements on the state with respect to administering the water pollution
control permitting program under the CWA that are "other than" or more stringent than those
"specifically set forth" in CWA section 402(b). This narrow provision does not, on its face,
prohibit Texas Commission on Environmental Quality from enacting regulatory requirements
that are more stringent than federal law; rather, it prohibits Texas Commission on Environmental
Quality from imposing stricter requirements by way of inter-agency agreements.480

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

477	Tex. Water Code section 26.001(5).

478	30 Tex. Admin. Code section 307.3(a)(84).

479	ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

480	Tex. Water Code section 26.017(5).	

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The 311 program is administered by EPA Region 6 in coordination with the state of Texas.

State has adopted the Uniform Fire Code (NFPA 30 and 30A) for aboveground storage tanks,
administered by the State Fire Marshal.481

State also has specific requirements for aboveground storage tanks, including registration, fees,
installation notification, reporting, recordkeeping, release reporting and corrective action; tanks
located at petrochemical plants, petroleum refineries, electric generating facilities, or bulk
facilities are exempted.482

State code authorizes cost recovery for spills and related damages. State no longer has a spill
trust fund; the Petroleum Storage Tank Remediation (PSTR) fund ended in 2012.483

401 Certification:

402 NPDES Program:

EPA has approved the state of Texas to administer the NPDES permitting program. The state
issues its permits through the Texas Commission on Environmental Quality. Texas has an
authorized NPDES permit program, pretreatment program, general permits program, biosolids
program, and is authorized to regulate federal facilities.484

Texas is not authorized to issue permits for activities associated with the exploration,
development, or production of oil or gas or geothermal resources, including transportation of
crude oil or natural gas by pipeline. EPA is the permitting authority for those facilities.485
EPA issues all NPDES permits on tribal lands.486

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Does not have state authority to issue permits for dredged and fill activities in surface waters and
wetlands.

Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the 2020 NWPR: No change

50. t IS, 1

Definition of Waters of the Territory:

All waters within the jurisdiction of the United States Virgin Islands including all harbors,
streams, lakes, ponds, impounding reservoirs, marshes, water-courses, water-ways, wells,
springs, irrigation systems, drainage systems and all other bodies or accumulations of water,
surface and underground, natural or artificial, public or private, situated wholly or partly within

481 30 Tex. Admin. Code chapter 334.

482 Id.

483 Tex. Nat. Res. Code sections 40.202,40.251.

484 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

485 Id.

486 EPA, Texas NPDES Permits, available at https://www.epa.gov/npdes-permits/texas-npdes-permits.

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or bordering upon the United States Virgin Islands, including the territorial seas, contiguous
zones, and oceans.487

Definition of Wetlands:

Those areas that are inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include salt
ponds, marshes, swamps, and similar areas.488

Additional Territory Conditions and Requirements:

No limitations identified.

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

Territory does not have an aboveground storage tank regulatory program and relies on EPA to
directly implement federal spill prevention and preparedness regulations.

401 Certification:

The territory has authority to certify, conditionally certify, waive review or deny certification of
federal permits and licenses. Without certification or waiver the federal agency cannot issue the
permit or license.

402 NPDES Program:

EPA has approved the territory of the Virgin Islands to administer the NPDES permitting
program. The territory issues its permits through the Virgin Islands Department of Conservation
and Cultural Affairs. The Virgin Islands has an authorized NPDES permit program, general
permits program, and is authorized to regulate federal facilities. The Virgin Islands do not have
an authorized biosolids or pretreatment program.489

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has territory authority to issue permits for dredged and fill activities in coastal surface waters
and wetlands.490

Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the 2020 NWPR: No change

51.

Definition of Waters of the State:

487 12 V.I.C. section 182(f).

488 Virgin Islands Rules and Regulations Title 12, Chapter 7, Subchapter 186, available at
https: //www.epa. gov/ sites/production/files/2014-12/documents/viwq s.pdf.

489 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

490 1 2 V.I.C. sections 901 et seq.

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All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems,
drainage systems, and all other bodies or accumulations of water, surface and underground,
natural or artificial, public or private, which are contained within, flow through, or border upon
this state or any portion of the state; does not include bodies of water confined to and retained
within the limits of private property, and which do not develop into or constitute a nuisance, a
public health hazard, or a menace to fish or wildlife.491

Definition of Wetlands:

Those areas that are inundated or saturated by surface or groundwater at a frequency and

duration sufficient to support, and that under normal circumstance do support, a prevalence of

vegetation typically adapted for life in saturated soil conditions. Wetlands generally include

swamps, marshes, bogs, and similar areas.492

No Net Loss Goal for Wetlands:

Has an informal no net loss goal for wetlands.493

Additional State Conditions and Requirements:

The Utah Water Quality Board is prohibited from enacting a rule to administer any program
under the federal CWA that is more stringent than the corresponding federal rule, except where
specific conditions are satisfied. To enact a more stringent state rule, the Board must: (1) take
public comment and hold a hearing; (2) make a written finding based on record evidence that the
federal regulations are inadequate to protect public health and the environment in Utah; and (3)
issue an accompanying opinion that cites and evaluates the public health and environmental
information and studies in the record that form the basis for the Board's conclusion.494

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 8 in coordination with the state of Utah.

State has adopted the Uniform Fire Code (NFPA 30 and 30A) as Utah State Fire Code for
aboveground storage tanks, administered by the State Fire Marshal for state-owned tanks and by
local fire departments for all other tanks.495

State does not have an authorized cost recovery mechanism for spills; state does not have a spill
trust fund for aboveground storage tanks (applies to underground storage tanks only).496

401 Certification:

491	Utah Code section 19-5-102.

492	Utah Admin. Code r. 317-8-1.5(60)

493	ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

494	Utah Code section 19-5-105.

495	Utah Code section 53-7-106.

496	Utah Code section 19-5-115	

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402 NPDES Program:

EPA has approved the state of Utah to administer the NPDES permitting program. The state
issues its permits through the Utah Department of Environmental Quality. Utah has an
authorized NPDES permit program, pretreatment program, general permits program, biosolids
program, and is authorized to regulate federal facilities.497
EPA issues permits on tribal lands.498

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has state authority to issue permits for dredged and fill activities in surface waters.499
Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the 2020 NWPR: No change

52. VERMONT
Definitions of Waters of the State:

Defined under the Wetlands Protection and Water Resources Management Act: Any and all
rivers, streams, brooks, creeks, lakes, ponds or stored water, and groundwaters, excluding
municipal and farm water supplies.500

Defined under the Water Pollution Control Act: All rivers, streams, creeks, brooks, reservoirs,
ponds, lakes, springs and all bodies of surface waters, artificial or natural, which are contained
within, flow through or border upon the state or any portion of it.501

Definition of Wetlands:

Those areas of the state that are inundated by surface or groundwater with a frequency sufficient
to support significant vegetation or aquatic life that depend on saturated or seasonally saturated
soil conditions for growth and reproduction. Such areas include but are not limited to marshes,
swamps, sloughs, potholes, fens, river and lake overflows, mud flats, bogs and ponds, but
excluding such areas as grow food or crops in connection with farming activities.502

No Net Loss Goal for Wetlands:

Has a formal no net loss goal for wetlands.503

Additional State Conditions and Requirements:

497 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

498 EPA, Utah NPDES Permits (2017) available at https://www.epa.gov/npdes-permits/utah-npdes-permits.

499 Utah Code section 73-3-29.

500 Vt. Stat. Ann. tit. 10, section 902(3).

501 Vt. Stat. Ann. tit. 10, section 1251(13).

502 Vt. Stat. Ann. tit. 10, section 902(5).

503 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

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No limitations identified.

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 1 in coordination with the state of Vermont.
State has adopted the Uniform Fire Code (NFPA 30 and 30A) for aboveground storage tanks,
administered by the State Fire Marshal.504

State code authorizes cost recovery for spills and related damages. State has a spill trust fund for
aboveground storage tanks (Petroleum Cleanup Fund) covering farm and residential tanks up to
$10,000. For bulk storage facilities storing motor fuel or heating oil, the reimbursement ceiling
is $990,000.505

401 Certification:

402 NPDES Program:

EPA has approved the state of Vermont to administer the NPDES permitting program. The state
issues its permits through Vermont Department of Environmental Conservation. Vermont has an
authorized NPDES permit program, pretreatment program, and general permits program.
Vermont does not have an authorized biosolids program and is not authorized to regulate federal
facilities.506

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has state authority to issue permits for dredged and fill activities in surface waters and
wetlands,507 including isolated waters.508

Changes Since Publication of the 2020 NWPR
• Legislative Change509

o Vermont House bill 108 (already passed and signed into law) amends Vermont
Water Quality Standards to clarify that the standards apply to wetlands and
discharges to wetlands.

53. VIRGINIA

Definition of Waters of the Commonwealth:

504 Vt. Stat. Ann. tit. 10, section 1929a, chapter 159.

505 Vt. Stat. Ann. tit. 10, sections 6612, 6615, 6615d.

506 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

507 Vt. Stat. Ann., tit. 10, section 6081; Vt. Code R. 12 004 056.

5°8 vt. CodeR. 12 004 056; ELI, 2013. State Constraints: State-Imposed Limitations on the Authority of Agencies to Regulate
Waters Beyond the Scope of the Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.
509 1 0 V.S.A. § 1253. Classification of waters designated, reclassification, available at

https://legislature.vermont.gOv/bill/status/2022/H.108

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All water, on the surface and under the ground, wholly or partially within or bordering the
Commonwealth or within its jurisdiction, including wetlands.510

Definition of Wetlands:

Those areas that are inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include
swamps, marshes, bogs and similar areas. 511

No Net Loss Goal for Wetlands:

Has a formal no net loss goal for wetlands.512

Additional Commonwealth Conditions and Requirements:

Virginia imposes a Commonwealth limitation on sewage systems that may be no more stringent
than the CWA. The State Water Control Board may not require the state or any of its political
subdivisions to upgrade the level of treatment in a sewage treatment works to a level more
stringent than that required by applicable provisions of the federal CWA.513
When the Virginia State Water Control Board proposes a standard or policy to be adopted by
regulation under the Water Control Law that contains provisions that are "more restrictive than
applicable federal requirements," the Board must provide to the proper standing committee of
each house of the Commonwealth legislature a description of those provisions and the reason
why they are needed.514

When the Board adopts WQS, it is required to adopt them "according to applicable federal
criteria or standards," unless the Board determines that "an additional or more stringent
standard" is necessary to protect public health, aquatic life, or drinking water supplies.515

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 3 in coordination with the Commonwealth of
Virginia.

Commonwealth has a comprehensive oil spill prevention and preparedness program administered
by the Virginia Department of Environmental Quality; the Virginia Aboveground Storage Tank
Program requires registration, notification, and closure of tanks for owners of facilities with
aggregate aboveground storage capacity of more than 1,320 gallons of oil or an operator of an
individual tank with a storage capacity of more than 660 gallons.

Facilities with aggregate storage of 25,000 gallons or more of oil are required to develop an Oil
Discharge Contingency Plan and comply with pollution prevention standards and procedures

510 Va. Code Ann. section 62.1-44.3.

511 Id.

512 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

513 Va. Code Ann. section 62.1-44.15:1.

514 Va. Code Ann. section 62.1-44.15(3a), (10).

515 Va. Code Ann, section 62.1-44.19:7(B).

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(e.g., inventory control, inspections, secondary containment, cathodic protection, training, leak
detection and financial responsibility requirements).

Facilities with 1 million gallons or more must comply with additional prevention standards and
have a Groundwater Characterization Study to monitor the groundwater.

Commonwealth code authorizes cost recovery for spills and related damages. Commonwealth
has a spill trust fund (Petroleum Storage Tank Reimbursement Fund) covering releases from
underground and aboveground storage tanks.

401 Certification:

402 NPDES Program:

EPA has approved the Commonwealth of Virginia to administer the NPDES permitting program.
The state issues its permits through the Virginia Department of Environmental Quality. Virginia
has an authorized NPDES permit program, pretreatment program, general permits program, and
is authorized to regulate federal facilities. Virginia does not have an authorized biosolids
program.516

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has Commonwealth authority to issue permits for dredged and fill activities in surface waters
and wetlands,517 including isolated waters.518

Changes Since Publication of the 2020 NWPR: No change

54.

Definition of Waters of the State:

Lakes, rivers, ponds, streams, inland waters, underground water, salt waters, and all other surface
waters and watercourses within the jurisdiction of the state of Washington.519

Definition of Wetlands:

Areas that are inundated or saturated by surface water or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include
swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands
intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage
ditches, grass4ined swales, canals, detention facilities, wastewater treatment facilities, farm
ponds, and landscape amenities, or those wetlands created after July 1, 1990 that were

516 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

517 Va. Code Ann. sections 28.2-13, 62.1-44.5, 62.1-44.15; 9 Va. Admin. Code sections 25-210-10 et seq.

518 Applies existing Virginia Water Protection (VWP) Permit requirements. Virginia DEQ, email, March 19, 2018. See also ELI,
2013. State Constraints: State-Imposed Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope of the
Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

519 Wash. Rev. Code section 90.48.020.

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unintentionally created as a result of the construction of a road, street, or highway. Wetlands may
include those artificial wetlands intentionally created from non-wetland areas created to mitigate
conversion of wetlands.520

No Net Loss Goal for Wetlands:

Has a formal net gain/increase goal for wetlands.521

Additional State Conditions and Requirements:

No limitations identified.

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 10 in coordination with the state of
Washington.

State has adopted the Uniform Fire Code (NFPA 30 and 30A) for aboveground storage tanks,
administered by local fire departments. If a facility transfers oil to or from a tank vessel, such as
a barge or oil tanker, or to or from a pipeline, then it is subject to Washington State's
Contingency Planning and Facility Oil Handling Standards regulations.522
State code authorizes cost recovery for spills and related damages. State has a spill trust fund;
requires state to pursue funding from responsible party and federal sources (e.g., Oil Spill
Liability Trust Fund) before using fund.523

401 Certification:

402 NPDES Program:

EPA has approved the state of Washington to administer the NPDES permitting program. The
state issues its permits through the Washington Department of Ecology. Washington has an
authorized NPDES permit program, pretreatment program, and general permits program.
Washington does not have an authorized biosolids program and is not authorized to regulate
federal facilities.524

EPA issues permits for federally-owned facilities and for tribal lands.525

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

520 Wash. Rev. Code section 36.70a.030(23).

521 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

522 Wash. Admin. Code chapters 173-182, 173-180.

523 Wash. Rev. Code sections 90.56.330, 90.56.360, 90.56.500.

524 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

525 EPA, Washington NPDES Permits, available at https://www.epa.gov/npdes-permits/washington-npdes-permits.

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Has state authority to issue permits for dredged and fill activities in surface waters526 and
isolated waters.527

Changes Since Publication of the 2020 NWPR:

• Implementation Change528

o There has been an increase in state Administrative Orders issued by Washington
Department of Ecology, which has required an increase in staff and funding.

55. WEST VIRGINIA

Definition of Waters of the State:

Any and all water on or beneath the surface of the ground, whether percolating, standing,
diffused or flowing, wholly or partially within this state, or bordering this state and within its
jurisdiction, and includes, without limiting the generality of the foregoing, natural or artificial
lakes, rivers, streams, creeks, branches, brooks, ponds (except farm ponds, industrial settling
basins and ponds and water treatment facilities), impounding reservoirs, springs, wells,
watercourses and wetlands.529

Definition of Wetlands:

Those areas that are inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include
swamps, marshes, bogs, and similar areas.530

No Net Loss Goal for Wetlands:

Has an informal no net loss goal for wetlands.531

Additional State Conditions and Requirements:

No legislative rule or program of the state department of environmental protection may be more
stringent than any federal rule or program except to the limited extent that the agency first makes
a written finding that there exists scientifically supportable evidence for such a rule or program
reflecting factors unique to the state.532

With certain exceptions, rules promulgated by the state department of environmental protection
may include provisions which are more stringent than federal rules, provided the agency supplies

526 Wash. Rev. Code chapter 77.55.

527 Wash. Rev. Code chapter 90.48. Washington Department of Ecology regulates impacts to federally non-jurisdictional
wetlands through administrative orders. Washington Department of Ecology, Wetland regulation & permitting resources,
available at https://ecologv.wa.gov/Water-Shorelines/Wetlands/Regulations; ELI, 2013. State Constraints: State-Imposed
Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope of the Federal Clean Water Act, available at
https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

528 Memorandum for the Record, Patrick Johnson August 19, 2021

529 W. Va. Code section 22-11-3(23).

530 W.Va. Code R. section 47-10-2.58.

531 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

532 W. Va. Code section 22-5-4.

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information that demonstrates that such provisions are reasonably necessary to protect, preserve
or enhance the quality of the environment, human health, or safety.533

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 3 in coordination with the state of West
Virginia.

State has adopted the Uniform Fire Code (NFPA 30 and 30A) for aboveground storage tanks.534
State also has developed comprehensive aboveground storage tank requirements, including
registration, release reporting requirements, submission of a Spill Prevention and Response Plan,
inspection of secondary containment by a professional engineer or certified tank inspector, and
financial responsibility requirements.535

State code authorizes cost recovery for spills and related damages. State has a spill trust fund for
releases from aboveground storage tanks (Protect Our Water Fund).536

401 Certification:

402 NPDES Program:

EPA has approved the state of West Virginia to administer the NPDES permitting program. The
state issues its permits through the West Virginia Department of Environmental Protection. West
Virginia has an authorized NPDES permit program, pretreatment program, general permits
program, and is authorized to regulate federal facilities. West Virginia does not have an
authorized biosolids program.537

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has state authority to issue permits for dredged and fill activities in isolated waters.538
Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the 2020 NWPR: No change

533 W. Va. Code section 22-l-3a.

534 W. Va. Code sections 22-30, 22-31.

535 Id.

536 W. Va. Code § 22-11-22, 22-11-25, 22-11-29, 22-19-2.

537 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

538 West Virginia Department of Environmental Protection, Application for West Virginia State Waters Permit for Federally
Non-Jurisdictional Waters, available at

https://dep.wv.gOv/WWE/Programs/wqs/Documents/401%20Program/Isolated%20Waters%20Application%20090315.pdf: ELI,
2013. State Constraints: State-Imposed Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope of the
Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

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56. WISCONSIN

Definition of Waters of the State:

Those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all
lakes, bays, rivers, streams, springs, ponds, well, impounding reservoirs, marshes, watercourses,
drainage systems, and other surface water or groundwater, natural or artificial, public or private,
within this state or its jurisdiction.539

Definition of Wetlands:

An area where water is at, near or above the land surface long enough to be capable of
supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions.540

No Net Loss Goal for Wetlands:

Has a formal net gain/increase goal for wetlands.541

Additional State Conditions and Requirements:

The Wisconsin Department of Natural Resources is required to comply with and not exceed the
requirements of the federal CWA and federal regulations in promulgating pollution discharge
elimination rules, as those rules relate to: point source discharges, effluent limitations, municipal
monitoring requirements, standards of performance for new sources, toxic effluent standards or
prohibitions, and pretreatment standards.542

If the Department of Natural Resources seeks to adopt an environmental quality standard more
restrictive than a standard provided under corresponding federal law or regulation, the
department must advise the board why the more restrictive standard is needed to protect public
health, safety or the environment.543

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 5 in coordination with the state of Wisconsin.
State has adopted the Uniform Fire Code (NFPA 30 and 30A) for aboveground storage tanks.544
State (Department of Agriculture, Trade and Consumer Protection) regulates all aboveground
storage tanks with a capacity of 110 gallons or greater and requires approval of construction
plan, registration, permitting, inspections and fees.545

539 Wis. Stat. Ann. section 281.01(18).

540 Wis. Stat. Ann. section 23.32(1).

541 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswrn.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

542 Wis. Stat. Ann. section 283.11(2).

543 Wis. Admin. Code NR section 1.52(3); http://www.ncsl.org/research/environment-and-natural-resources/state-agencv-
authoritv-to-adopt-more-stringent-environmental-standards.aspx.

544 Wis. Admin. Code Comm. chapter 10.

545 Id.

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State code authorizes cost recovery for spills and related damages. State has a spill trust fund for
releases from aboveground storage tanks (Petroleum Environmental Cleanup Fund Act) that
expires on June 30, 2020.546

401 Certification:

402 NPDES Program:

EPA has approved the state of Wisconsin to administer the NPDES permitting program. The
state issues its permits through the Wisconsin Department of Natural Resources. Wisconsin has
an authorized NPDES permit program, pretreatment program, general permits program, biosolids
program, and is authorized to regulate federal facilities.547
EPA issues all NPDES permits on tribal lands.548

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has state authority to issue permits for dredged and fill activities in surface waters and
wetlands,549 including isolated waters.550

Changes Since Publication of the 2020 NWPR
• Implementation Change551

o An existing state law - Wisconsin Act 183(2017) - which exempts discharges in
urban and rural areas for non-federally jurisdictional wetlands, was being
implemented for the wetlands deemed non-federally jurisdictional under the 2020
NWPR that would have been covered under state and federal permitting requirements
while that rule was in effect.

57.

Definition of Waters of the State:

All surface and groundwater, including waters associated with wetlands, within the state.552
Definition of Wetlands:

Those areas in Wyoming having all three (3) essential characteristics: (A) Hydrophytic
vegetation; (B) Hydric soils; and (C) Wetland hydrology.553

546 Wis. Stat. Ann. sections 292.98-.99.

547 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

548 EPA, Wisconsin NPDES Permits, available at https://www.epa.gov/npdes-permits/wisconsin-npdes-permits.

549 Wis. Stat. Ann. chs. 30, 31, section 281.36.

550 ELI, 2013. State Constraints: State-Imposed Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope
of the Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

551 Declaration of David Siebert, Division Administrator, Wisconsin DNR, State of California v. Wheeler, civ. no. 3:20-cv-
03005-RS, filed May 1, 2020

552 Wyo. Stat. Ann. section 35-ll-103(c)(vi)

553 Wyo. Stat. Ann, section 35-ll-103(c)(x)

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No Net Loss Goal for Wetlands:

Does not have a no net loss goal for wetlands.554

Additional State Conditions and Requirements:

No limitations identified.

303 Water Quality Standards:

Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

The 311 program is administered by EPA Region 8 in coordination with the state of Wyoming.
State has adopted the Uniform Fire Code (NFPA 30 and 30A) for aboveground storage tanks,
administered by the State Fire Marshal, including plan review.

State requires notification to Wyoming Department of Environmental Quality for aboveground
storage tanks containing gasoline and diesel fuel. State also has specific technical requirements
for aboveground storage tanks, including construction, secondary containment, cathodic
protection, overfill prevention (additional requirements for tanks > 100,000 gallons), and leak
detection; for facilities with tanks of capacities of 100,000 gallons or greater, follow inspection
requirements in API Standard 653.

Facilities with storage capacities greater than 1,320 gallons required to have a federal SPCC plan
filed with the state.

State code authorizes cost recovery for spills and related damages. State does not have a spill
trust fund.555

401 Certification:

402 NPDES Program:

EPA has approved the state of Wyoming to administer the NPDES permitting program. The state
issues its permits through the Wyoming Department of Environmental Quality. Wyoming has an
authorized NPDES permit program, general permits program, and is authorized to regulate
federal facilities. Wyoming does not have an authorized biosolids or pretreatment program.556
EPA issues all NPDES permits on tribal lands.557

404 Dredged and Fill Permitting:

Has not assumed the 404 program.

Has state authority to issue permits for dredged and fill activities in isolated waters.558
Relies on federal permitting authority and CWA section 401.

554 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

555 Wyo. Stat. Ann. section 35-11-901, 903.

556 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

557 EPA, Wyoming NPDES Permits, available at https://www.epa.gov/npdes-permits/wvoming-npdes-permits.

558 020.0011.2 Wyo. Code R. section 2.

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Changes Since Publication of the 2020 NWPR: No change

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II. Tribe-by-Tribe CWA Authorization

1. Overview

Tribes play an important role in managing water resources and, where eligible, implementing
Clean Water Act (CWA) programs. This appendix provides a snapshot of the current known
status of federally-recognized Tribes regarding CWA programs (including the eligibility status of
a Tribe's treatment in a manner similar as a state (TAS) status and the approval status of their
water quality standards), definitions of Tribal waters, and additional information on tribal codes,
ordinances, regulations, and/or policies that affect "waters of the reservation."

The U.S. Environmental Protection Agency (EPA) and the Department of the Army (Army)
("the agencies") compiled this information to describe the breadth of known Tribal authorities
and to provide a picture of federal and Tribal regulatory management of water resources. For the
purpose of this snapshot, the agencies compiled information from multiple Tribal and federal
sources. Information on CWA section 303(c) was drawn from the EPA's website.1 The agencies
gathered information on Tribal water laws and programs through Tribal agency websites, EPA
websites, EPA regional staff, and from information provided by Tribes to the agencies. All but
one of the Tribes with TAS for CWA section 303(c) water quality standards also have TAS for
CWA section 401 water quality certification.

In determining where Tribes have exercised the authority to regulate waters that are not federally
jurisdictional under the CWA, the agencies relied primarily on Tribal codes, ordinances, and
regulations, identified through publicly available resources. However, some Tribes may
implement programs in non-federally jurisdictional waters as directed by implementation
guidance and policies that may not be available in the information sources used by the agencies.
This appendix is based upon the agencies' research but may not include the entire universe of
Tribal ordinances, programs, and definitions. Tribes may have ordinances, programs, or
definitions which are not included in this appendix. The agencies also acknowledge that because
the federal government generally implements CWA programs on Tribal lands, the one exception
being where tribes have received TAS to administer for CWA section 303(c) water quality
standards or for CWA section 401 water quality certification, a reduced scope of CWA
jurisdiction will affect Tribes differently than it will affect states. Many Tribes may lack the
capacity to administer a Tribal water program under Tribal law, to create a program, or to expand
programs that currently exist. Other Tribes may rely on the federal government for enforcement
of water quality violations.

Definitions for Tribal waters, including wetlands, were drawn from online directories of
regulatory titles and codes, and thus directly from tribal laws. Many Tribes have also expressed
to the agencies in meetings and comments the cultural or spiritual significance of water to Tribal
traditions, and the agencies have attempted to capture where Tribes have made statements of the
cultural or spiritual significance of wetlands and other aquatic resources in their Tribal codes and
ordinances, where such information was publicly available. Many Tribal definitions of
"wetlands" rely directly or indirectly on the federal regulatory definition of "wetlands," as
follows:

1 Information on EPA approvals for Tribes to administer a water quality standards program, and EPA's approvals of those Tribes'
water quality standards is available at https://www.epa.gov/was-tech/epa-actions-tribal-water-qualitv-standards-and-contacts.

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"Wetlands are areas that are inundated or saturated by surface or ground water at a frequency and
duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include
swamps, marshes, bogs, and similar areas."2

An earlier draft of this assessment was shared with Tribes for corrections.3 In order to ensure that
the Tribal information is as accurate as possible, the agencies have been reviewing information
about CWA-related Tribal laws and programs since publishing in 2019 the Resource and
Programmatic Assessment for the Proposed Revised Definition of "Waters of the United States, "
including information submitted in response to the 2019 proposed rule and information shared
with the agencies as a part of the Tribal consultation process for that rulemaking. The agencies
have made recommended changes and clarified their findings as appropriate in response to those
comments. The agencies have also incorporated the latest and most accurate information of
which they have become aware about Tribal water laws and programs into this appendix.

The agencies also recognize that while some Tribes may have established Tribal codes and/or
regulations to protect Tribal waters under Tribal law, they may not yet have established water
programs to implement their Tribal laws and codes. Similarly, the agencies recognize that even if
a Tribe has established a permitting program that is similar to CWA sections 402 or 404, that is
not necessarily an indication that the Tribal program parallels or regulates waters equivalent to
the geographic scope and range of activities regulated under CWA sections 402 or 404.

2.	Assiniboine an ix Tribes
303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on August 29, 1996.

Initial water quality standards approved by the EPA on April 25, 2000.4

401 Certification

Found eligible to administer a water quality certification program (TAS) on August 29, 1996.

3.	Bad River Band of Lake Superior Tribe of Chippewa Indians
Definition of "wetlands"

"Wetland" shall mean an area that is inundated or saturated at or near the surface caused by
surface water or groundwater at a frequency and duration sufficient to support, and that under
normal circumstances does support, a prevalence of vegetation typically adapted for life in
aquatic or saturated soil conditions, commonly known as hydrophytic vegetation, that satisfy the
1987 Corps of Engineers Wetland Delineation Manual and subsequent revisions, guidance and
updates.5

2	33 CFR 328.3(c) and 40 CFR 232.2 (2014); 33 CFR 328.3(c)(1) and 40 CFR 120.2(c)(1) (as codified in this final rule).

3	The agencies shared an earlier draft of this assessment with Tribes during the rulemaking process for the 2020 Navigable
Waters Protection Rule (2020 NWPR) and received responses to the draft assessments from five tribes and six tribal
organizations. These responses can be found in the 2020 NWPR docket at EPA-HQ-OW-2018-0149-0076, available at
https://www.regulations.gov/document?D=EPA-HO-OW-2018-0149-0Q76. As part of the tribe's response, the Bad River Band
of the Lake Superior Tribe of Chippewa Indians provided the agencies with a copy of their Wetland and Watercourse Protection
Ordinance.

4	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-assiniboine-and-sioux-tribes-fort-peck-indian.

5	Bad River Reservation Wetland and Watercourse Protection Ordinance 323.4 (LL).	

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"Wetland" means an area that is inundated or saturated at or near the surface caused by surface
water or groundwater at a frequency and duration sufficient to support, and that under normal
circumstances does support, a prevalence of vegetation typically adapted for life in aquatic or
saturated soil conditions, commonly known as hydrophytic vegetation.6

Other Definitions

"Watercourse" shall mean any waterway, drainageway, drain, river, stream, lake, pond or any
body of surface water having definite banks, a bed and visible evidence of a continued flow or
continued occurrence of water.7
"Protected wetland" shall mean any of the following:

1. The following wetlands:

Wetlands contiguous to any lake, stream, river, pond, or other water course, whether partially or
entirely contained within the project site.

Wetlands, regardless of size, which are partially or entirely within five hundred (500) feet of the
ordinary high water mark unless any lake, stream, river, pond, or other water course is
determined by the Bad River Natural Resources Department that surface and groundwater
hydrologic connection does not exist.

Wetlands, regardless of size, which are not contiguous to any lake, stream, river, pond or other
watercourse, if the Bad River Natural Resources Department determines the protection of the
wetland is essential to the preservation of the natural resources of the Tribe from pollution,
impairment or destruction.

All wetlands which are two (2) or more acres in size, whether partially or entirely contained
within the project site.

Wetlands, regardless of size, that protects critical natural resources from pollution, impairment or
destruction as determined by the Bad River Natural Resources Department. In making this
determination, the Bad River Natural Resources Department must find one or more of the
following functions or values apply to the particular site:

It supports tribal, state or federally endangered or threatened plants, fish or wildlife.

It is determined to be a rare or uncommon wetland in the region,
iii. It has rare or unique features.

It supports Tribal rights for hunting, fishing, trapping, ricing, and cultural and

ceremonial/spiritual uses.

It is used for scientific research.

It provides water quality enhancement, flood flow alteration and/or sediment stabilization.

Buffer areas adjacent to any of the wetlands listed above or watercourses, whether partially or
entirely on the project site. Buffer areas or portions thereof which are located within the project
site shall be protected even if the adjacent wetland or watercourse is not located on the project
site. Buffer size shall be a minimum of one hundred (100) feet surrounding open water wetlands
and top of fifteen percent (15%) slopes.8

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on June 26, 2009.

6 Bad River Band of the Lake Superior Tribe of Chippewa Indians Water Quality Standards (D) (43).

7 Bad River Reservation Wetland and Watercourse Protection Ordinance 323.4 (kk).

8 Bad River Reservation Wetland and Watercourse Protection Ordinance 323.4 (aa).

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Initial water quality standards approved by the EPA on September 21, 2011.9
401 Certification

Found eligible to administer a water quality certification program (TAS) on June 26, 2009.
402-like and 404-like Ordinance

The Bad River Reservation Wetland and Watercourse Protection Ordinance establishes standards
and procedures for the review and regulation of the use of wetlands and watercourses, including
issuing permits.

Except for those activities expressly permitted by Paragraph 323.8, it shall be unlawful for any
person to do any of the following unless and until a permit is obtained from the Bad River
Natural Resources Department pursuant to this ordinance. A permit is required for: ... (h)
Constructing, extending or enlarging any pipe, culvert, or open or closed drainage facility which
discharges silt, sediment, organic, or inorganic materials, chemicals, fertilizers, flammable
liquids or other pollutants to any lake, stream, protected wetland, or watercourse, except through
a retention area, settling basin, or treatment facility designed to control and eliminate the
pollutant. The ordinance shall apply to all land uses.10Whenever persons requesting a permit are
also subject to Federal permit requirements, the following shall apply:

(a) Approvals under this section shall not relieve a person of the need to obtain a
permit from the U.S. Army Corps of Engineers or Environmental Protection
Agency, if required.

(b) Issuance of a permit by the U.S. Army Corps of Engineers or Environmental
Protection Agency shall not relieve a person of the need to obtain approval under
this ordinance, if applicable....11

Statements of cultural or spiritual significance of wetlands:

In their natural state, wetlands provide important tribal/public benefits and ecological functions.
They provide habitat areas for fish, wildlife, and vegetation, water quality maintenance and
pollution control, flood control, shoreline erosion control, natural resource education, scientific
study, open space, recreation opportunities, environmental niches, and most importantly the
traditional, cultural, and spiritual aspects of our heritage.12

3 Tribe

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on October 24, 2005.
Initial water quality standards approved by the EPA on January 24, 2006.13

401 Certification

Found eligible to administer a water quality certification program (TAS) on October 24, 2005.
Other Novel Protections:

9 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-bad-river-band-lake-superior-chippewa-tribe.

10 Bad River Reservation Wetland and Watercourse Protection Ordinance 323.7.

11 Id, at 323.5 (only relevant portions cited).

12 Id. at 323.2.

13 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-big-pine-paiute-tribe-owens-vallev.

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The tribe has water quality standards for wetlands: All wetlands shall be free from substances
attributable to wastewater or other discharges that produce adverse physiological responses in
humans, animals, or plants; or which lead to the presence of undesirable or nuisance aquatic life.
All wetlands shall be free from activities that would substantially impair the biological
community as it naturally occurs due to physical, chemical and hydrologic processes.14

5. Bishop Paii be

Definition of "waters of the reservation"

"Water or waters" means any water, surface or underground located on or running through the
Reservation.15

Other Definitions

"Pollutant" means any substance that will alter the quality of the waters of reservation.16
303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on April 11, 2006.

Initial water quality standards approved by the EPA on August 15, 2008.17

401 Certification

Found eligible to administer a water quality certification program (TAS) on April 11, 2006.
402-like and 404-like Ordinance

No person shall discharge any pollutant into the waters of the Reservation.18

6. Black

Definition of "reservation waters"

(1) All naturally occurring bodies of water within the exterior boundaries of the Blackfeet
Reservation regardless of alteration by man, including but not limited to lakes, rivers, reservoirs,
streams, intermittent streams, ephemeral streams, mudflats, wetlands, springs, sloughs, potholes,
ponds, groundwater, ephemeral drainages, irrigation return water that flows into a naturally
occurring body of water, tributaries of waters identified above, including any bodies of water
classifiable as "tribal waters" under the Blackfeet Tribe Surface Water Quality Standards and
Antidegradation Policy.19

Definition of "wetland"

"Wetland" means those areas that are inundated or saturated by surface or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances do support, a

14 Big Pine Paiute Tribe Water Quality Standards Section Vl.j. November 2005. Available at:
https://www.epa.gov/sites/production/files/2014-12/documents/bigpine-tribe.pdf.

15 Bishop Paiute Tribe, Ordinance No. 97-11, Water Pollutants, 2(F). Available at:
https://www.epa.gov/sites/production/files/2014-12/documents/bigpine-tribe.pdf.

16 Id. at 2(D).

17 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-bishop-paiute-tribe-ca.

18 Bishop Paiute Tribe, Ordinance No. 97-11, Section 3, Prohibited Discharges.

19 Blackfeet Tribe Aquatic Lands Protection Ordinance No. 117 Article III. Available at:

http://www.blackfeetenvironmental.com/ordinance90/QRDINANCE 117 FINAL VERSION ("3-21-20191.pdf.

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prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include
but are not limited to mudflats, seeps, swamps, marshes, bogs, potholes and other similar areas.20

Other Definitions

"Aquatic lands" means all Reservation land below the ordinary high water mark or within a
wetland and associated riparian lands. Aquatic lands include lands overlying groundwater that
borders or underlies perennial and intermittent streams.21

"Discharge" means the accidental or intentional spilling, leaking, pumping, pouring, emitting,
emptying, injecting or dumping of waste or a hazardous substance into surface water bodies and
groundwater aquifers of the Tribe.22

"Pollution" means the contamination or other degradation of the physical, chemical or biological
properties of land, water or air, including a change in temperature, taste, color, turbidity or odor,
or such discharge of any liquid, gaseous, solid, radioactive or other substance onto the land or
into the water or air that will, or is likely to, create a nuisance or render such land, water or air
harmful, detrimental or injurious to the public health, safety or welfare, or harmful, detrimental
or injurious to domestic, commercial, industrial, agricultural, recreational or other beneficial
uses, or to livestock, wildlife, birds, fish or other aquatic life.23

"Project" means any physical alteration of aquatic lands, or any activity that affects or may
affect aquatic lands or any associated upland buffers.24

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on May 2, 2012.25
Initial water quality standards have not yet been approved by the EPA.

401 Certification

Found eligible to administer a water quality certification program (TAS) on May 2, 2012.
404-like Ordinance

No person, corporation, association or other entity of any kind shall undertake a project on the
Blackfeet Reservation within any aquatic lands as defined in this Ordinance, or that may affect
any aquatic lands, without applying for and being granted a permit by the Director of the
Blackfeet Environmental Office.26

The Director shall evaluate, in consultation with technical staff, the following (but not limited to)
effects in connection with an application: (1) the impacts of any dredge or fill activities; (2)
impacts to water quality; (3) any impact to water quantity; (4) creation or change of flow
patterns, currents, and/or turbidity of any Reservation waters resulting from the project; (5)
disruption of life cycles, seasonal uses, and populations of fish, aquatic animals, wildlife, and
plant life existent on or dependent on Reservation waters, aquatic and riparian lands; (6) if the
application is for a permanent structure, whether the structure will be designed and constructed
in a manner to assure permanence; (7) whether the project will pass reasonably anticipated water
flows, currents, or fluctuations in surface water elevations without creating erosion or siltation

20	id.

21	id.

22	id.

2ild.

24	id.

25	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-blackfeet-tribe.

26	Blackfeet Tribe Aquatic Lands Protection Ordinance No. 117 section 4.1.	

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upstream, downstream, or at the project location; (8) an assessment of cumulative impacts; and
(9) any other pertinent project effects.27

7.	Lake Rancheria

Definition of "waters of the tribe"

"Water or waters" means any water, surface or underground, located on or running through the
Rancheria or other territory over which the Tribe has Jurisdiction.28

Definition of "wetlands"

"Wetland" means land transitional between terrestrial and aquatic systems where the water take
is usually at or near the surface or the land is covered by shallow water. For the purposes of this
Ordinance, wetlands must have one or more of the following three attributes: 1) At least
periodically, the land supports predominantly hydrophytes; 2) the substrate is predominantly
undrained hydric soil; and/or 3) the substrate is nonsoil and is saturated with water or covered by
shallow waters at some time during the growing season of each year. The term for wetlands as
used in this Ordinance is drawn from the U.S. Fish and Wildlife publication titled "Classification
of Wetlands and Deepwater Habitats of the United States," dated December, 1979. Where
clarification of the term wetland is needed, the explanation in this publication, as amended from
time to time, shall be controlling.29

Other Definitions

"Fill material" means soil, rocks, sand, waste of any kind, or any other material which displaces
soil or water or reduces water retention potential.

"Pollutant" means any substance that will alter the quality of the waters of the Blue Lake
Rancheria or other territory over which the Tribe has jurisdiction.

402-like and 404-like Ordinance
Prohibited Activities:

No person shall discharge any pollutant into the waters or wetlands of the
Rancheria or other territory over which the Tribe has jurisdiction.

Except as otherwise provided by this ordinance or a permit obtained from the U.S.
Army Corps of Engineers, a person shall not: 1) Deposit or permit the placing of
fill material in a wetland within the Rancheria of other territory over which the
Tribe has jurisdiction; 2) Dredge, remove, or permit the removal of soil or
minerals from a wetland within the Rancheria or other territory over which the
Tribe has jurisdiction; 3) Drain surface water from a wetland; 4) Alter in any way
the hydrology of, or drainage to, a wetland; or 5) Alter in any way the qualities of
a wetland that create the conditions that allow the wetland to exist.

If federal law, including rules of the U.S. Army Corps of Engineers, would all for
the issuance of a permit for activities described in sub-section (b), the Tribal EPA
has the authority to prohibit such activity to protect the health and safety of the

27	Id. at section 4.4.

28	Blue Lake Rancheria Water Quality Ordinance 07-2000 Section 2(h). Available at https://bluelakerancheria-nsn.gov/wp-
content/uploads/2017/07/07-00 .pdf.

29	Id. at Section 2(i).	

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wetland, the wetland habitat, and/or any plant life or wildlife relying on the
wetland for survival.30

8. Cabazon Band of Mission Indians

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on April 13, 2020.31
Initial water quality standards have not yet been approved by the EPA.

401 Certification

Found eligible to administer a water quality standards program (TAS) on April 13, 2020.

9. Chemehuevi Indian tribe
303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on May 26, 2022.32
Initial water quality standards have not yet been approved by EPA.

401 Certification

Found eligible to administer a water quality certification program (TAS) on May 26, 2022.

lerokee Nation
Definition of "waters of the Nation"

"Waters of the Nation" means all streams, lakes, ponds, marshes, wetlands, watercourses,
waterways, wells, springs, irrigation systems, drainage systems, storm sewers and all other
bodies or accumulations of water, surface and underground, natural or artificial, public or
private, which are contained within, flow through, or border upon Cherokee Nation or any
portion thereof, and shall include under all circumstances waters which are contained within the
boundaries of, flow through or border upon this Nation or any portion thereof.33

Other Definitions

"Pollutant" includes but is not limited to dredged spoil, solid waste, incinerator residue, medical
waste, sewage, garbage, sewage sludge, munitions, chemicals, chemical wastes, biological
materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt,
and industrial, municipal, and agribusiness waste.

30 Id. at Section 4.

31 https://www.epa.gov/wqs-tech/epa-actions-tribal-water-qualitv-standards-and-contacts.

32 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-chemehuevi-tribe-chemehuevi-reservation.

33 Cherokee Nation Code, Title 27 Environmental Quality, Section 201 (14). Updated May 29, 2019. Available at
https://attornevgeneral.cherokee.org/media/5upcrg3i/word-searchable-full-code.pdf.

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402-like and 404-like Ordinance

Authorities. The Commission may establish, implement and enforce programs and requirements
that cover any potential or actual source of pollution and any activity, including but not limited
to: 1) point source discharges, land application of wastes or chemicals, surface impoundments,
and other facilities for treatment, storage or disposal of wastewater, animal wastes or sludge; 2)
groundwater, wells, underground injection control, underground and aboveground storage tanks,
and pipelines; 3) drinking water, water use, dams, and hydrologic modifications; 4) stormwater,
nonpoint source pollution, and best management practices; 5) water quality, water quality
standards, and certifications, wetlands, protection of instream flow, and water planning; 6) air
quality, source controls and emission standards, and noxious odors or gases; 7) storage, facility
siting, treatment, disposal, and transportation of hazardous waste, solid waste, pesticides, toxic
substances, and other pollutants; 8) dredge and fill, mining, oil and gas extraction, and forestry
practices; 9) environmental assessments, reviews, and impact statements; 10) inspections,
sampling, compliance, enforcement, and administrative hearings; 11) indoor air quality, asbestos,
lead-based paint, radon, and required disclosures and remediation of habitable structures
contaminated or rendered dangerous by manufacturing of illegal drugs, other chemicals or
harmful materials; 12) protection or regulation of fish and wildlife; and 13) any program or
activity conducted in cooperation with or funded by federal, state, local, or tribal governments.34

11. Cheyenne a ipaho Tribes
402-like and 404-like Ordinance

Waters Offense: (a) It shall be unlawful to: (1) Interfere with or alter the flow of water in any
stream, river, or ditch, without lawful authority to do so, or a permit from the Tribes, and in
violation of the right of any other person; or (2) Knowingly break, injure, alter or destroy any
bridge, dam, levee, embankment, reservoir, water tank, water line, or other structure intended to
create hydraulic power or pressure or direct the flow of water, without lawful authority to do so;
or (3) Pollute or befoul any water in any of the following ways: (i) construct or maintain a corral,
sheep pen, goat pen, stable, pig pen, chicken coop, or other offensive yard or outhouse where the
waste or drainage therefrom shall flow directly into the waters of any stream, well, spring, or
source of water used for domestic purposes; or (ii) deposit, pile, unload or leave any manure
heap, rubbish, or the carcass of any dead animal where the waste or drainage therefrom will flow
directly into the waters of any stream, well, spring or source of water used for domestic
purposes; or (iii) construct, establish, or maintain any corral, yard, vat, pond, camp, or bedding
place for the shearing, dipping, washing, storing, herding, holding or keeping of livestock in such
proximity to a stream, or other source of water used for domestic purposes or which flows
through a city or town, so that the waste, refuse or filth therefrom find their way into said source
of water; or (iv) knowingly cause or allow any substance harmful or potentially harmful to
human life to enter into a source of water used for domestic purposes, (b) A water offense shall
be punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00), or by a term of
imprisonment in the Tribal jail not to exceed three months, or both.35

34	Cherokee Nation Environmental Quality Code, Section 204.

35	Cheyenne-Arapaho Tribes of Oklahoma Law and Order Code, Title 2, Subpart D, Section 566. Available at:
https://www.narf.org/nill/codes/chevaracode/offenses.html.	

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1	.watomi Nation

402-like and 404-like Ordinance

Waters Offense. (A) It is unlawful to: (1) Interfere with or alter the flow of water in any stream,
river, or ditch, in violation of the right of any other person; or, (2) Knowingly break, injure, alter,
or destroy any bridge, dam, levee, embankment, reservoir, water tank, water line, or other
structure intended to create hydraulic power or pressure to direct the flow of water; or, (3)
Pollute or befoul any water in the following ways: (a) construct or maintain a corral, sheep pen,
goat pen, stable, pig pen, chicken coop, or other offensive yard or outhouse where the waste or
drainage there from shall flow directly into the waters of any stream, well, spring, or source of
water used for domestic purposes; or, (b) Deposit, pile, unload or leave any manure heap,
rubbish, or the carcass of any dead animal where the waste or drainage there from will flow
directly into the waters of any stream, well, spring or source of water used for domestic purpose;
or, (c) Knowingly cause or allow any substance harmful or potentially harmful to human life to
enter into a source of water used for domestic purposes. (B) Section 12-5-169 is punishable by
fine up to Three Thousand Dollars ($3,000.00), or imprisonment up to Six (6) months, or both.36

13. Coeur	i Tribe

Definition of "Reservation waters"

"Reservation waters" or "Coeur d'Alene Reservation waters" includes lakes, rivers, ponds,
streams (including intermittent and ephemeral streams), wetlands, and all other surface waters
and water courses within the exterior boundaries of the 1894 Coeur d'Alene Reservation. These
waters are portrayed in Map Attachments 1 through 4 hereto and referred to therein as
"Reservation Waters."37

Definition of "wetland"

"Wetland" means any area that is inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal circumstances does support,
a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas.38

Other Definitions

"Permit" means a document issued pursuant to tribal code or federal laws (such as NPDES,
CWA, Section 401; CWA, Section 404) specifying the waste treatment and control requirements
and waste discharge conditions.39

"Pollutant" includes dredged spoil, solid waste, incinerator residue, filter backwash, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials
(except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et

36	Citizen Potawatomi Nation Tribal Criminal Code, Title 12, Section 12-5-169. Available at:

https://www.potawatomi.org/images/court%20codes/Title%2012%20CRIMINAL%200FFENSES%20AND%20PUlSIISHMENT
.pdf.

37	Coeur d'Alene Water Qualtiy Standards for Approved Surface Waters Section 2. 2010. Available at
https://www.epa.gov/sites/production/files/2017-02/documents/wqs-coeurdalene.pdf.

38	Id.

i9Id.	

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seq.)), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal,
and agricultural waste discharged into water.40

"Point source" means any discernible, confined and discrete conveyance, including, but not
limited to, any pipe, ditch, channel, sewer, tunnel, conduit, well, discrete fissure, container,
concentrated animal feeding operation, or vessel or other floating craft, from which pollutants
are or may be discharged.41

"Reservation TAS Waters" or "Coeur d'Alene Reservation TAS Waters" means waters that are a
distinct yet connected sub-set of the "Reservation Waters" and for which EPA has expressly
approved the Water Quality Standards for Approved Surface Waters of the Coeur d'Alene Tribe
under section 303 of the CWA and affirmed the Tribes authority to set water quality standards
under section 518(e) of the CWA. These waters are portrayed in Map Attachments 1 through 4
hereto and referred to therein as "Reservation TAS Waters." EPA's approval of the Tribe's water
quality standards and confirmation of the Tribe's authority to regulate water quality on these
waters does not in any way release the Coeur d'Alene Tribe's claim to sole authority to regulate
all Coeur d'Alene Reservation Waters and all Disputed Waters.42

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on August 5, 2005.43
Initial water quality standards were approved by EPA on June 12, 2014.

401 Certification

Found eligible to administer a water quality certification program (TAS) on August 5, 2005.
Statements of cultural or spiritual significance of water resources

The purposes of these water quality standards are to restore, maintain and protect the chemical,
physical, biological, and cultural integrity of Coeur d'Alene Reservation TAS Waters; to
promote the health, social welfare, and economic well-being of the Coeur d'Alene Tribe, its
people, and all the residents of the Coeur d'Alene Reservation; to achieve a level of water quality
that provides for all cultural uses of the water, the protection and propagation of fish and
wildlife, for recreation in and on the water, and all existing and designated uses of the water; to
promote the holistic watershed approach to management of Reservation TAS Waters of the
Coeur d'Alene Tribe; to provide for the protection of threatened and endangered species and to
provide necessary guidance for the protection and/or maintenance of water quality throughout
Reservation TAS waters.44

In the tribe's water quality standards, they have established a designated use for "cultural water
use," which means those water uses necessary to support and maintain the way of life of the
Coeur d'Alene People including, but not limited to: use for sufficient flow for fish survival, and
wildlife needs, and preservation of habitat for berries, roots, medicines and other vegetation
significant to the values of the Coeur d'Alene People. Cultural water uses also include
ceremonial activities involving Native American spiritual and cultural practices which may
involve intimate contact with water and consumption of water. This shall include uses of a

40	id.

41	id.

42	id.

43	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-coeur-dalene-tribe-indians.

44 Coeur d'Alene Water Qualtiy Standards Section 1(3).

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waterbody to fulfill cultural, traditional, spiritual, or religious needs of the Coeur d'Alene Tribe,
as approved by the Coeur d'Alene Tribe.45

Other Novel Protections

The tribe has water quality standards for wetlands: (1) All wetlands which are considered
Reservation TAS Waters, and which are not constructed wetlands, shall be subject to the
Narrative Criteria (section 5), Antidegradation (section 6), and Narrative Toxic Substances
Criterion (section 7(1)) provisions within this chapter. (2) Water quality in wetlands which are
considered Reservation TAS Waters shall be maintained at naturally occurring levels, within the
natural range of variation for the individual wetland. (3) Physical and biological characteristics
shall be maintained and protected by: (a) Maintaining hydrological conditions, including
hydroperiod, hydrodynamics, and natural water temperature variations; (b) Maintaining the
natural hydrophytic vegetation; and (c) Maintaining substrate characteristics necessary to support
existing and designated uses. (4) Wetlands shall not be used in lieu of stormwater treatment,
except as specified by number 7, below. Stormwater shall be treated before discharge to a
wetland. (5) Point and nonpoint sources of pollution shall not cause destruction or impairment of
wetlands except where authorized under section 404 of the CWA. (6) Wetlands shall not be used
as repositories or treatment systems for wastes from human sources, except as specified by
number 7, below. (7) Wetlands intentionally created from non-wetland sites for the sole purpose
of wastewater or storm water treatment (constructed wetlands) are not considered "Reservation
TAS Waters" and are not subject to the provisions of this section.46

, ^derated Salisfa and Kootenai

Definition of "navigable waters"

"Navigable waters" means the south part of Flathead Lake, being the portion of the Lake located
within the exterior boundaries of the Reservation, the portion of Flathead River located within
the outer boundaries of the Reservation, and all other lakes, reservoirs, ponds, rivers, streams and
bodies of water which are in fact and are located within the outer boundaries of the
Reservation.47

Definition of "reservation waters"

"Reservation waters" means: (1) All naturally occurring bodies of water with the exterior
boundaries of the Reservation regardless of alteration by man, including but not limited to lakes,
rivers, streams (including intermittent streams) mudflats, wetlands, sloughs, potholes, and ponds
from which fish and wildlife are or could be taken, but does not include wholly manmade water
bodies. (2) Tributaries of waters identified in subpart (1) above; (3) Wetlands adjacent to
Reservation waters.48

Definition of "wetlands"

45	Id. at Section 2.

46	Id. at Section 10.

47	Confederated Salish and Kootenai Tribes Shoreline Protection Ordinance, Ordinance No. 64(A), Section 2(e); Confederated
Salish and Kootenai Tribes Shoreline Protection Regulations Chapter 2.25. Available at:

http://csktnrd.org/component/rsfiles/download?path=Regulations%2BApplications%252FOrdinance%2B64a.pdf.

48	Confederated Salish and Kootenai Tribes Aquatic Lands Conservation Ordinance, Ordinance No. 87-A, Part III Section 1 .m;
Confederated Salish and Kootenai Tribes Aquatic Lands Conservation Ordinance Regulations, Part I, Section 1.4(o). Both
available at: http://www.csktnrd.org/component/rsfiles/download7patlFEP%252F87areg.pdf.	

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"Wetlands" means water-land interface areas which are inundated by surface and/or ground
waters at the frequency and duration of time periods sufficient to establish, and under natural
conditions, support a prevalence of vegetation typically adapted for life in saturated soil
conditions. Wetlands generally include, but are not limited to: swamps, marshes, bogs and
similar areas. Wetland areas may be separated from the main body of water by maintaining
barriers or natural berms.49

"Wetlands" means those areas that are inundated or saturated by surface or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include but are not limited to swamp, marshes, bogs and similar areas.50

Other Definitions

"Aquatic lands" means all land below the mean annual high water mark of a Reservation water
body.51

"Discharge of dredged material" means any addition or placement of dredged materials into
Reservation waters or on aquatic lands whether through direct placement or by secondary means
such as runoff, slumping or overflow from a disposal site.52

"Discharge of fill material" means any addition or placement of fill materials into Reservation
waters or onto aquatic lands.53

"Dredged material" means material that is excavated, displaced, or removed from aquatic
lands.54

"Dredging" means the process of excavating material from the lake bottom and thereby lowering
the elevation of a portion of the lake bottom. Thisshall include the process of extending the lake
area landward by excavating material from the lakeshore protection area and thereby lowering
the elevation of that portion of the lake.55

"Fill material" means any material used for the purpose of replacing Reservation waters with dry
land or dredged material.56

"Filling" means the process of discharging material onto a lake bottom and thereby raising the
elevation of a portion of the lake bottom. This shall include the elimination of an aquatic
environment or wetland environment by extending the dry land area into such aquatic or wetland

area.

"Permit" means a document issued by the Tribes verifying compliance with the requirements and
provisions of these regulations.58

"Project" means a physical alteration of aquatic lands, wetlands, or Reservation waters, not
otherwise exempted by this Ordinance or implementing regulations, which has the potential to
cause a material change in the condition of such lands or water in contravention of the policy of
this Ordinance, and includes but is not limited to dredging, filling, unregulated access
detrimental to aquatic lands, irrigation diversions and returns, drainage ditches and construction

49 Shoreline Protection Regulations Chapter 2.43.

50 Aquatic Lands Conservation Ordinance Part III Section 1 .p.

51 Id. at Part III Section I.e.

52 Id. at Part III Section 1 .e.

53 Id. at Part III Section 1 .f.

54 Id. at Part III Section 1.1.

55 Shoreline Protection Regulations Chapter 2.11.

56 Aquatic Lands Conservation Ordinance Part III Section 1 .h.

57 Shoreline Protection Regulations Chapter 2.13.

58 Id. at Chapter 2.26.

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on aquatic lands, and furthermore, includes maintenance or repair involving any of the above
activities.59

"Shoreline protection area" means the area below mean annual high water mark on that portion
of the Flathead Lake which is located within the exterior boundaries of the Flathead
Reservation.60

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on March 1, 1995.61
Initial water quality standards were approved by EPA on March 18, 1996.

401 Certification

Found eligible to administer a water quality certification program (TAS) on March 1, 1995.
404-like Ordinances and Associated Regulations

It shall be prohibited, after the effective date of this Ordinance, for any person—

(1)	to make or cause to be made, on the bed or banks of any navigable water below
high water mark, any fill or deposit of rock, earth, sand, soil, gravel, shells or
other materials, or refuse matter of any kind or description, whether for the
purpose of constructing a landfill or other structure (other than a structure
referred to in Section 4 of this Ordinance), or otherwise; and

(2)	to dredge, or otherwise remove or displace by any means soil, sand, gravel,
shells or other material, whether or not of intrinsic value, from the bed or banks
of any navigable water below high water mark except that which has been
identified from inspection by authorized staff as normal or abnormal
accumulation of silt, sand or gravel behind existing structure. If at which time
of identification, it is determined that removal of said accumulation would not
cause significant damage to the lake or lakebed, a variance will be granted at
the discretion of the Shoreline Protection Board.62

Any fill or deposit of the type referred to in subsection (a)(1) of this section which was made
prior to and is in existence on the effective date of this Ordinance is hereby declared to be
unlawful, and, not later than six months following the effective date of this Ordinance, the person
who made such fill or deposit or caused such fill or deposit to be made, or the successor in
interest of the property, riparian to the navigable water, to which such fill or deposit abuts, or the
person maintaining such fill or deposit on the effective date of this Ordinance, or any or all of
them, shall remove such fill or deposit and return the land underlying such fill or deposit to its
original condition: Provided, that, upon application submitted to the Tribal Council by any such
person, the Tribal Council may grant a variance with respect to any such fill or deposit,
exempting the fill or deposit from the application of this subsection (b), if it determines that the
removal of the fill or deposit would be more harmful to the environment than leaving the fill or
deposit in place: Provided further, that the granting of any such variance shall not prevent the
Tribal Council from terminating the same at a later time upon reaching a different determination

59	Aquatic Lands Conservation Ordinance Part III Section 1.1.

60	Shoreline Protection Regulations Chapter 2.35.

61	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-confederated-salish-and-kootenai-tribes-flathead

62	Shoreline Protection Ordinance Section 3(a).	

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and requiring the person to comply with the provisions of this subsection (b) within three months
after receiving notification of such termination from the Tribal Council.63
These regulations are adopted under the authority of Tribal Ordinance 64A (Revised), which
authorizes the adoption of regulations regarding the issuance or denial of permits for work in
navigable waters within the Tribe's jurisdiction, including work done on the bed and banks
below mean annual high water mark of all navigable waters within the exterior boundaries of the
Flathead Reservation.64

It is the policy of the Tribal Council to prevent the degradation of Reservation waters and aquatic
lands by regulating construction or installation of projects upon aquatic lands whenever such
project may cause erosion, sedimentation, or other disturbances adversely affecting the quality of
Reservation waters and aquatic lands.65

Permit Required, a. No work may commence on a project until the responsible person has been
issued a permit for the project, b. All work on a project shall be conducted pursuant to the terms
and conditions of the project permit, c. A permit shall be prominently displayed at the project site
for the duration of construction activities and for two weeks thereafter.66
These regulations in no manner supersede or negate the necessity of obtaining other permits as
may be required by federal or Tribal agencies with jurisdiction over a project. Where any
provision of these regulations imposes more stringent regulations, requirements or limitations
than imposed or required by any other applicable regulation, resolution, ordinance or statute,
these regulations shall govern.67

1	>es and Baucis of the Yakaina Nation

Definition of "Tribal water resources"

Tribal water resources: all surface water and groundwater within, flowing through or located
underneath the Reservation, off-reservation on trust land or within Indian Country subject to the
Yakama Nation's jurisdiction or otherwise reserved under the Treaty of 1855.68

Definition of "wetlands"

Wetland: an area inundated with water (surface or ground) at a sufficient frequency and duration
to support the development of hydric soils and the growth of hydrophytic vegetation. Wetlands
include swamps, ponds, bogs, marshes and other similar areas.69

Other Novel Protections

The tribe has established a hydraulic permitting program. Under the program: (a) No person shall
construct or perform work that uses, diverts, obstructs or changes the natural flow, or changes the
bed or banks of any stream or river or remove water from any river, stream, spring, pond, lake,
wetland, or any other body of water located within the boundaries of the Yakama Reservation,
including groundwaters, without first complying with Chapter 60.15. (b) A hydraulic permit may

63	Id. at Section 3(b).

64	Shoreline Protection Regulations Chapter 1.2.

65	Aquatic Lands Protection Ordinance Part II Section 2.

66	Id. at Part IV Section 1.

67	Regulations for the Aquatic Lands Conservation Ordinance Part 1 Section 1.3.

68	Confederated Tribes and Bands of the Yakama Nation Title LX (60) - Water Code at 60.01,05(dd). Available at
https://www.yakama.eom/wp-content/uploads/2022/05/60-TITLE-LX-60-WATER-CODE-2016-Edition-V.3.2022.pdf.

69	Id. at60.01.05(z).	

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be issued for a period of no longer than one year. Extensions may be granted at the request of the
Director but each such extension shall not be for a period of longer than one year, (c) No person
may conduct work within 200 feet of a stream, spring, river, lake, pond, wetland, or any other
tribal water resource on the Yakama Reservation without first obtaining a Yakama Nation Water
Code Hydraulic Permit except for those activities that are listed as exempt uses in 60.15.07 when
the exemption process has been followed.70 Under the program, there are prohibited uses: (a) No
hydraulic permit shall be issued for the following uses within the Yakama Reservation: (1)
Storage, handling, and disposal of materials or substances that are hazardous to water quality or
living organisms. (2) Any Concentrated Animal Feeding Operations (CAFO) including feedlots
and dairies. (3) The placement of mining tailings, spoils, and waste materials except for those
associated with the mining of gravels. (4) Solid waste disposal sites. (5) Automobile wrecking
yards. (6) Fill for the sole purpose of increasing land area within stream, river, or wetland
corridors. (7) Any action in violation of 60.15.01. (b) In addition to the requirements of 60.15.01,
the following work is prohibited without a hydraulic permit: (1) The draining or filling of a
wetland, lake, or pond. (2) Excavation to obtain fill material and the removal and transport of fill
material outside of the stream corridor. (3) Vehicle and material storage within a floodway. (4)
Dwellings and residences within a floodway. (5) New or expanded manufactured home parks.
(6) Wastewater treatment facilities. (7) Site runoff storage ponds, manure stockpiles and manure
disposal, holding tanks and ponds, and other similar waste disposal facilities.71 Under the
program, all applicants shall submit a mitigation plan explaining what steps are proposed to be
taken by the applicants to ensure that tribal water resources will not be adversely affected if the
permit is granted.72 Certain activities are exempt from requiring a permit, including certain
ordinary practices consistent and necessary for farming, irrigation, and ranching activities for
established farms.73

Statements of cultural or spiritual significance of water resources

In accordance with the beliefs of the Yakama People and the Yakama Nation with respect to
water, the Yakama Tribal Council makes the following findings: (a) In the Circle of Life, Water
is the Giver of Life. All Life is dependent upon Water. Through the natural cycles of water, the
earth and all things dependent upon the earth experience nascence, growth, purification and
death. It is the responsibility of water to provide for the survival of the earth and its dependents,
(b) Believing in the Circle of Life, the Yakama People give thanks to the Creator for Water.
Thanks are given through the celebrated rites and practices of the Yakama People. Water plays a
central role in ceremonies acknowledging the cycle of the seasons. Water heals. It is the
responsibility of the Yakama People to look forward to and pray for the advent of the seasons of
water, (c) The Yakama People's way of life is based upon the fact that water provides the basis
for the foods of the Yakama People, including salmon, berries, roots and other foods. Water
provides life for the medicines of the Yakama People, including the flowers, leaves and roots of
the healing plants. Water provides the basis for the clothing and shelter of the Yakama People,
including animal hides, cedar and pine, tule reed and other materials. It is the responsibility of
the Yakama People, through their way of Life and Understanding to guard and wisely use water
so that good, clean water remains to sustain all things that live by and through water. ... (g) The

70 Id. at 60.15.01.

71 Id. at 60.15.03.

72 Id. at 60.15.05(a).

73 Id. at 60.15.07(b)(2).

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religious, cultural, personal and ecological significance of water guides the appropriate use,
management and protection of water resources, and conditions all water and land use activities in
the watersheds and drainage basins of the Yakama Reservation.74 In the section noting the
purposes of the water code, the following is listed: Responding to the cultural and religious
values of the Yakama Nation.75 The water code also notes the following as a beneficial use of the
water resources of the Yakama Nation: Religious and cultural uses including, but not limited to,
instream flow and habitat for fisheries and wildlife conservation, and preservation of habitat for
berries, roots, medicines, and other vegetation significant to the values of the Yakama People.76
Under the hydraulic permitting program, if it is determined that the issuance of a water use
permit will impair or adversely affect the health, welfare, safety, or economic security of
Yakama Nation or its members, or its fisheries, wildlife, water resources, or other natural or
cultural resources, a permit shall not be issued.77 In addition, if the application is in or near a
Culturally Sensitive Area, Water Code shall also consult with Yakama Nation Cultural
Resources.78 When establishing minimum instream flows under Chapter 60.11 of the water code,
the Director shall request the best available scientific and cultural information from the Fisheries
Resource Management Program, Water Resources Program, and Cultural Resources Program
concerning instream flow requirements for fish and other aquatic species, including a statement
recommending specific minimum flows.79

1 >es of the Cliehalis Reservation

Definition of "waters of the tribe"

"Surface waters of the Chehalis Indian Tribe" includes rivers, ponds, tributaries, creeks, streams,
inland waters, wetlands and all other surface waters and water courses on land within the
Chehalis Reservation.80

Other Definitions

"Permit" means a document specifying the waste treatment and control requirements and waste
discharge conditions.81

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on March 7, 1995.82
Initial water quality standards were approved by EPA on February 3, 1997.

401 Certification

Found eligible to administer a water quality certification program (TAS) on March 7, 1995.
Statements of cultural or spiritual significance of water resources

14 Id. at 60.01.01.

15 Id. at 60.01.03(b)(3).

16 Id. at 60.01.13(a)(1).

77 Id. at 60.09.23(c). See also id. at 60.15.05(c).

78 Id. at 60.15.05(d).

19 Id. at 60.11.03.

80 Confederated Tribes of the Chehalis Reservation Water Quality Standards Section 2(29). Available at
https://www.epa.gov/sites/production/files/2014-12/documents/confederated-tribes-chehalis.pdf.

81 Id. at Section 2(22).

82 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-confederated-tribes-chehalis-reservation.

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In the tribe's water quality standards, they have established a designated use for "ceremonial and
Religious water use," which means activities involving traditional Native American spiritual and
cultural practices which involve primary (direct) and secondary contact with water.83

1 ,	>es of ,	/atioii

Definition of "waters of the reservation"

"Waters of the Reservation" means all lakes, rivers, ponds, streams, inland waters, underground
waters, salt waters, and all other surface water, groundwater and watercourses located within the
Colville Indian Reservation.84

Definition of "wetlands"

"Wetlands" means areas that contain hydric soils and/or are inundated or saturated by surface
water or ground water at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil
conditions. Wetlands generally include swamps, marshes, bogs, and those artificial wetlands
intentionally created from nonwetland areas to mitigate for the conversion of wetlands that are
approved by the Tribes or the federal government. Wetlands do not include non-tribal and non-
federally approved artificial wetlands intentionally created from nonwetland sites, including but
not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities,
wastewater treatment facilities, farm ponds, and landscape amenities, and those wetlands created
after January 1, 1997, that were unintentionally created as a result of the construction of a road,
street, or highway.85

"Wetland" means those areas, which under normal conditions exhibit at least two of the
following criteria: saturated surface conditions or open water present during a significant portion
of the year; hydric soils; a prevalence of vegetation adapted to saturated soils. Swamps, marshes,
bogs, wet meadows, and ponds typically are wetlands. For the purposes of this Chapter, wetlands
are considered to be natural waters.86

Other Definitions

"Aggregate development" means the excavation, removal, and processing of aggregate,
including the removal of vegetation and overburden necessary to expose the aggregate.
Prospecting and exploration activities shall be included within the meaning of this term when the
removal of geologic sample materials exceeds a cumulative total in excess of one ton. Aggregate
development shall exclude excavations or grading used primarily for on-site construction and on-
site road construction and maintenance.87
"Dredging" means the removal of bed material.88

"Fill material" means material placed in natural waters within the Colville Reservation where the
material has the effect of: (1) Replacing any portion of a natural water with dry land; or (2)
Changing the bottom elevation of any portion of a natural water. Examples of such fill material
include, but are not limited to: rock, sand, soil, clay, plastics, construction debris, wood chips,

83	Confederated Tribes of the Chehalis Reservation Water Quality Standards Section 2(7).

84	Confederated Tribes of Colville Reservation Code, Title 4, Chapter 4-5 On-Site Wastewater Treatment and Disposal, Section
4-5-4 (ss). Available at https://www.cct-cbc.com/current-code/.

85	Id. at Chapter 4-15 Shoreline Management, Section 4-15-4 (bbb).

86	Id. at Chapter 4-9 Hydraulics Project, Section 4-9-3 (nn).

87	Id. at Chapter 4-5 Aggregate Development & Reclamation Act, Section 4-6-2 (b).

88	Id. at Chapter 4-9 Hydraulics Project, Section 4-9-3 (q).	

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overburden from mining or other excavation activities, and materials used to create any structure
or infrastructure in natural waters within the Colville Reservation. The term fill material does not
include trash or garbage.89

"Permit" means a document issued by a public body which specifies waste treatment and control
requirements and waste discharge conditions.90

"Permit" means any form of permission required under this management program or other tribal
regulation prior to undertaking activity within shoreline areas, including shoreline development
permits, variances, conditional use permits, permits for oil or natural gas exploration activities,
permission which may be required for selective commercial timber harvesting, livestock grazing,
and shoreline exemptions.91

"Pollutant" includes but is not limited to dredged spoil, soil, slurry, solid waste, incinerator
residue, sewage, sewage and industrial sludge, garbage and trash, chemical waste, biological
nutrient, biological material, radioactive material, heat, discarded equipment, material and plant
matter, rock, sand, gravel, mine tailings, discarded containers, and all other industrial, municipal
or agricultural waste.92

"Shoreline Areas" means all surface waters of the Reservation, including lakes, reservoirs,
streams, and wetlands, and underlying lands, lands extending landward for two hundred feet in
all directions as measured on a horizontal plan from the ordinary high water mark or wetland,
and in addition shall include 100-year floodplains.93

"Watercourse" means any portion of a channel, bed, or bottom of natural waters.94
303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on May 2, 2018.95
Initial water quality standards were promulgated by EPA on July 6, 1989.

401 Certification

Found eligible to administer a water quality certification program (TAS) on May 2, 2018.
402-like Ordinance 96

(a) No person shall discharge any waste from a point source into Reservation waters without
having first obtained a permit from either the BPA [sic] or the Department, as applicable, (b) The
Department may, through the issuance of regulatory permits, directives, and orders, control
miscellaneous waste discharge not covered by section 4-8-9(a).97

Under the Forest Practices Chapter of the tribe's code, the following is included as a Class III
Forest Practice for operations that are deemed to have some potential for damaging a Reservation
resource or the health, safety, or welfare of the Reservation population and that require an
application: (3) Ground-based or hand application of chemicals.98

89 Id. at Chapter 4-9 Hydraulics Project, Section 4-9-3 (r).

90 Id. at Chapter 4-8 Water Quality Standards, Section 4-8-4 (o).

91 Id. at Chapter 4-15 Shoreline Management, Section 4-15-4 (gg).

92 Id. at Chapter 4-8 Water Quality Standards, Section 4-8-4 (s).

93 Id. at Chapter 4-15 Shoreline Management, Section 4-15-4 (kk).

94 Id. at Chapter 4-9 Hydraulics Project, Section 4-9-3 (11).

95 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-confederated-tribes-colville-reservation.

96 Note that several of the same chapters of the Colville's tribal code are cited both under 402-like and 404-like ordinances. The
agencies have placed the portions of the tribal code that are similar to each respective program under the appropriate heading.

97 Confederated Tribes of Colville Reservation Code, Title 4, Chapter 4-8 Water Quality Standards, Section 4-8-9.

98 Id. at Chapter 4-7 Forest Practices, Section 4-7-5 (c), only relevant portions cited.

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Under the Forest Practices Chapter of the tribe's code, the following is included as a Class IV
Forest Practice for operations that are deemed to have potential for a significant effect on
Reservation resources or the health, safety or welfare of the Reservation population and that
require an application: (2) Any aerial application of chemicals, or use of a pesticide under an
experimental use permit granted under the authority of the Federal Insecticide, Fungicide, and
Rodenticide Act."

The use of herbicides and pesticides shall be prohibited to remove noxious plants in streams,
lakes and wetland areas except where no reasonable alternatives exist and it is demonstrated that
such activity is in the public interest. A conditional use permit (CUP) shall be required in such
cases.100

All shoreline developments and uses shall utilize best management practices (BMPs) to
minimize any increase in surface water runoff and to control, treat and release runoff so that
receiving water quality and shore properties and features are not adversely affected. Such
practices may include but are not limited to dikes, berms, catch basins or settling ponds,
installation and required maintenance of oil/water separators, grassy swales, interceptor drains
and landscaped buffers.101

Solid and liquid wastes and untreated effluents shall not be allowed to enter any bodies of water
or to be discharged onto land.102

The release of oil, chemicals, or hazardous materials onto land or into the water is prohibited.
Equipment for the transportation, storage, handling or application of such materials shall be
maintained in a safe and leak proof condition. If there is evidence of leakage, the further use of
such equipment shall be suspended until the deficiency has been satisfactorily corrected.103
Herbicides and pesticides shall not be applied or allowed to directly enter water bodies or
wetlands unless approved for such use by the Tribal Natural Resources Department.104

404-like Ordinances105

Water quality permits are required for aggregate development and aggregate development
operations, exploration, and prospecting operations on all lands within the Colville Indian
Reservation as specified in this Chapter for all activities commenced, resumed, modified, or
expanded after the adoption of this Chapter, where aggregate development results in, or has
resulted in: (1) More than one acre of disturbed area; (2) Slopes greater than thirty feet high and
steeper than 1.5 foot horizontal to 1.0 foot vertical; or (3) More than one acre of disturbed area
within a twenty acre area, when the disturbed area results from prospecting or exploration
activities.106

All development shall be located, designed, constructed and managed to protect and/or not
adversely affect those natural features which are valuable, fragile or unique to the region,
including but not limited to: (A) Wetlands, marshes, bogs, swamps, and river deltas; (B) Natural

99	Id. at Chapter 4-7 Forest Practices, Section 4-7-5 (d), only relevant portions cited.

100	Id. at Chapter 4-15 Shoreline Management, Section 4-15-15 (c)(1).

101	Id. at Chapter 4-15 Shoreline Management, Section 4-15-7 (b)(5).

102	Id. at Chapter 4-15 Shoreline Management, Section 4-15-7 (b)(ll).

103	Id. at Chapter 4-15 Shoreline Management, Section CTC 4-15-17 (b)(12). Note that this provision is also similar to provisions
in CWA section 311.

104	Id. at Chapter 4-15 Shoreline Management, Section CTC 4-15-17 (b)(14).

105	Note that several of the same chapters of the Colville's tribal code are cited both under 402-like and 404-like ordinances. The
agencies have placed the portions of the tribal code that are similar to each respective program under the appropriate heading.

106	Confederated Tribes of Colville Reservation Code, Title 4, Chapter 4-6 Aggregate Development & Reclamation Act, Section
4-6-4.	

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resources including but not limited to, sand and gravel deposits, timber, or natural recreational
beaches; (C) Fish, shellfish and wildlife habitats, migratory routes and spawning areas; (D)
Accretion shore forms; and (E) Natural or man-made scenic vistas or features.107
When a development site encompasses environmentally sensitive areas (floodplains, wetlands,
steep slopes, and fish and wildlife habitat), these features shall be left intact and maintained as
open space or buffers. All development shall be set back from these areas to prevent hazardous
conditions and property damage as well as to protect valuable shoreline features and

108

resources.

The control of aquatic weeds by derooting, rotovating, or other method which disturbs the
bottom sediments and related aquatic life shall be considered development for which a
substantial development permit is required, unless it will maintain existing water depth for
navigation in an area covered by a previous permit for such activity. In this case it shall be
considered normal maintenance and repair and therefore exempt from the requirement to obtain a
substantial development permit.109

No hydraulic project shall be commenced unless the Department has received and approved, or
conditionally approved an application pursuant to this Chapter.110

Alteration of wetlands shall only occur in accordance with the requirements of CTC 4-15.111
Approval of an application to conduct a hydraulic project under this Chapter does not constitute
approval of any other permit that may be required, and except as expressly provided in this
Chapter, does not constitute a waiver of any other requirement of this Code. Other permits and
requirements may also apply to certain practices, as required by the Forest Practices, Shoreline
Protection, Water Quality Standards, Mining Practices Water Quality, Water Use and Permitting
or other applicable laws. These may also include permits issued by the United States Army
Corps of Engineers by authority of the Clean Water Act Section 404 and the Rivers and Harbors
Act Section 10 for work in navigable waters or "waters of the United States."112
The Forest Practices Chapter of the tribe's code includes the following operations as Class I
Forest Practices for operations that are deemed to have no direct potential for damaging a
Reservation resource or the health, safety or welfare of the Reservation population and do not
require an application: (2) the removal of forest products (including live, dead and down
material, i.e., firewood, fence posts, poles, fern, etc.) for personal, noncommercial use, provided:
(removals and operations shall not be conducted within waters or wetlands; (4) road maintenance
including road grading, rocking, and installation of cross drains, except movement, placement, or
replacement of materials which have a direct potential for entering waters or wetlands.113
Under the Forest Practices Chapter part of the tribe's code, the following are included as Class
III Forest Practices for operations that are deemed to have some potential for damaging a
Reservation resource, or the health, safety or welfare of the Reservation population and require
an application: (6) Replacement of water crossing structures, and road maintenance wherein the
movement, placement, or replacement of materials has the direct potential for entering waters or

107	Id. at Chapter 4-15 Shoreline Management, Section 4-15-7 (b)(7). See also Section 4-15-13.

108	Id. at Chapter 4-15 Shoreline Management, Section 4-15-7 (b)(15).

109	Id. at Chapter 4-15 Shoreline Management, Section 4-15-15 (c)(10).

110	Id. at Chapter 4-9 Hydraulics Project, Section 4-9-5, which also lists several permitting exemptions.

111	Id. at Chapter 4-9 Hydraulics Project, Section 4-9-6 (a), discussing applications for hydraulics projects and avoidable impacts.
See also 4-9-48, which offers general provisions.

112	Id. at Chapter 4-9 Hydraulics Project, Section 4-9-7 (g).

113	Id. at Chapter 4-7 Forest Practices, Section 4-7-5 (a), only relevant portions cited.	

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wetlands; (8) Operations such as pre-commercial thinning or slashing if conducted inside the
Riparian Management Zone.114

Statements of cultural or spiritual significance of water resources

In the tribe's water quality standards, they have established a designated use for "ceremonial and
Religious water use," which means activities involving traditional Native American spiritual
practices which involve, among other things, primary (direct) contact with water.115

1 ,	>es of Coos, Lower	,law Indians

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on May 4, 2021.116
Initial water quality standards have not yet been approved by the EPA.

401 Certification

Found eligible to administer a water quality certification program (TAS) on May 4, 2021.

1	>es of the Goshute reservation

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on May 23, 2019.117
Initial water quality standards have not yet been approved by the EPA.

401 Certification

Found eligible to administer a water quality certification program (TAS) on May 23, 2019.

>es	¦	iian Reservation

Definition of "navigable waters"

"Navigable" means waters that are sufficiently deep and wide enough for navigation; such
waters in the United States come under federal jurisdiction and are protected by the Clean Water
Act, 33 U.S.C. 1251 et seq.118

Definition of "waters of the reservation"

"Tribal waters" means (a) all water arising upon, traversing, or bordering the Umatilla Indian
Reservation, whether the water is flowing or stationary, whether it is above or below the surface
of the ground, and whether it is diffused or contained within a defined water course or body of
water of any kind; and (b) all water reserved at any time to the Tribes or the Reservation by the
United States and the Tribes; and (c) all water which in the course of nature or as a result of
artificial works, flows into or enhances said waters.119

114	Id. at Chapter 4-7 Forest Practices, Section 4-7-5 (c), only relevant portions cited.

115	Confederated Tribes of the Colville Reservation Water Quality Standards, 40 CFR 131.35(d)(3). Available at
https://www.govinfo.gov/content/pkg/CFR-2005-title40-vol21/xml/CFR-2005-title4Q-vol21-secl31-35.xml.

116	https://www.epa.gov/wqs-tech/water-quality-standards-regulations-confederated-tribes-coos-lower-umpqua-and-siuslaw

117	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-confederated-tribes-goshute-reservation.

118	Confederated Tribes of the Umatilla Indian Reservation Water Code Section 1,07(A)(37). Available at: http: //ctuir. org/water-
code.

119	Id. si Section 1.07(A)(58).	

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"Waters of the Reservation" means ground water, deep and shallow alluvial/basalt aquifers lakes,
rivers, ponds, streams (including intermittent and ephemeral streams) wetlands, ponds,
impounding reservoirs, canals, and all other waters, natural or artificial, within the boundaries of
the Reservation.120

Definition of "wetlands"

"Wetlands" means any area that is inundated or saturated by surface or groundwater at a
frequency and duration sufficient to support a prevalence of vegetation typically adapted for life
in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, swales, riparian
zones, and similar areas with hydrophytes and hydric soils.121

Other Definitions

"Discharge" means flow of surface water in a stream or canal or the outflow of ground water
from a flowing artesian well, ditch, or spring. Can also apply to discharge of liquid effluent from
a facility or to chemical emissions into the air through designated venting mechanisms.122
"Point source" means any discernable, confined, and discrete conveyance, including but not
limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock,
concentrated animal feeding operation, landfill leachate collection system, vessel or other
floating craft from which pollutants are or may be discharged.123

"Pollutant" can include dredge spoil, solid waste, incinerator residue, filter backwash, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials,
heat, wrecked or discarded equipment, rock, sand, dirt, and industrial, municipal, and agricultural
waste entering, existing in or discharged into water.124

"Pollution" includes such contamination, or other alteration of the physical, chemical, or
biological properties, or any waters of the Reservation including change in temperature, taste,
color, turbidity, or odor of the waters, or such discharge of any liquid, gas, solid, radioactive, or
other substance into any waters of the Confederated Tribes as will or is likely to create a
nuisance or impair any beneficial use of such waters.125

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on April 30, 2001.126
Initial water quality standards were approved by EPA on October 18th, 2001.

401 Certification

Found eligible to administer a water quality certification program (TAS) on April 30, 2001.
402-like and 404-like Ordinance

Water System Development Permit: is required this Code for the purpose of constructing water
diversion works for appropriating Tribal water resources.127

Water Use Permit: is required under this Code for the purpose of appropriating Tribal water
resources for beneficial use.128

120 Id. at Section 1.07(A)(66).

121 Id. at Section 1.07(A)(67).

122 Id. at Section 1.07(A)(20).

123 Id. at Section 1.07(A)(42).

124 Id. at Section 1.07(A)(43).

125 Id. at Section 1.07(A)(44).

126 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-confederated-tribes-umatilla-indian-reservation-oregon.

127 Id. at Section 1.11(A)(1). See also Chapter 2.

128 Id. at Section 1.11(A)(2). See also Chapter 2.

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Temporary Water Use Permit: is required under this Code for the purpose of appropriating Tribal
water resources for beneficial use for a specified and limited period of time.129
Anti-degradation Review is required under this Code for the purpose of conducting any activity
which may result in any fill, removal, or discharge into the waters of the Reservation.130
Water Quality Certification Required. Any applicant for a Tribal permit to conduct any activity
which may result in any discharge into the waters of the Reservation must provide the Tribal
permitting program or department with a Water Quality Certification from the Director that any
such activity will comply with this Code, regulations implementing this Code, and the Water
Quality Standards. The certification is obtained through the completion of an antidegradation

131

review.

404-like Ordinance

Stream Zone Alteration Permit for Major Alteration: is required under this Code, for the purpose
of performing any activity that alters streamflow, water quality, ground contours, or perennial
vegetation which may cause environmental impacts that are of general public concern.132
Stream Zone Alteration Permit for Minor Alteration: is required under this Code, for the purpose
of performing any activity that alters streamflow, water quality, ground contours, or perennial
vegetation which may cause negligible negative environmental impacts.133

Statements of cultural or spiritual significance of water resources

"Plix iwa cuus" (Water is medicine): The world of the siyapu is linear where life begins and ends
in a series of separate events. The world of the natitayt is circular and continuous. Natitaytwit is
tamanwit (religion/law), it is laqayxit (light), it is ha?aswit (air/breath), it is taatpas
(dress/clothing), it is iniit (dwelling/house), it is tkw atat (food), it is sinwit (speech), it is tiicam
(land), it is cuus (water) and it is the natitayt (Indian). All are one and inseparable. Tamanwit is
both religion and law. It is the respect of all aspects of Indian life and it is the way of life. Cuus is
tamanwit and we must teach and live tamanwit. We must share water with all living things. If we
do not share, our greed will harm us. We must not look upon waqiswit (life) as the siyapu. We
must take care of the water. Seven generations in the past we had good water. Seven generations
in the future we must give back the same that was lent to us by Anila (the Creator); cold, clean
water. So we think of fourteen generations of cold, clean, plentiful water. As we did seven
generations back, so should we be able to do seven generations in the future, go to any stream or
river and get cold clean water to drink. "Cuusnimna inaknuwiyasa naaman Xaaxw wawnakw sas"
Water keeps all our bodies for us. Cuus is a part of everything. It is within natitayt, it is within
tiicam, and it is within nusux (the salmon). It is essential for the survival of all life. Cold, clean,
healthy water is the life blood of the land. We drink water to remind us of who we are. Cuus
cleanses and heals our bodies, "Plix iwa cuus".134

>es of the Warm Springs Reservation
303(c) Water Quality Standards

129 Id. at Section 1.11(A)(3). See also Chapter 2.

130 Id. at Section 1.11(A)(6). See also Chapter 3.

131 CTUIR Water Code Section 3.04(A).

132 Id. at Section 1.11(A)(4). See also Chapter 5.

133 Id. at Section 1.11 (A)(5). See also Chapter 5.

134 Id. at Section 1.01.

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Found eligible to administer a water quality standards program (TAS) on May 25, 1999.135
Initial water quality standards were approved by EPA on September 28, 2001.

401 Certification

Found eligible to administer a water quality certification program (TAS) on May 25, 1999.

22. Dry Creek Ranch*	mo Indians

Definition of "waters of the Rancheria"

"Waters of the Rancheria" or "Rancheria waters" means any water, surface or underground,
contained within, flowing through or bordering upon the Dry Creek Rancheria or any portion
thereof.136

Other Definitions

"Point source" means any discernible, confined, and discrete conveyance, including but not
limited to any pipe, ditch, channel, tunnel, conduit, culvert, well, discrete fissures, containers,
rolling stock, concentration animal feeding operation, vessel, or other floating craft.137
"Pollutant" means any substance that will alter the quality of the waters of the Rancheria.138

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on October 17, 2011.139
Initial water quality standards have not yet been approved by the EPA.

401 Certification

Found eligible to administer a water quality certification program (TAS) on October 17, 2011.
402-like and 404-like Ordinance

No person shall discharge any pollutant into any Rancheria water from a point source or conduct
dredge and fill activities in any designated wetland area of the Rancheria without first having
applied for and obtained a permit from the Department of Environmental Protection after
approval by the Dry Creek Rancheria Board of Directors. Any person who intends to alter or
enlarge an existing activity described in Chapter 1, Section 4 of this Ordinance, or who intends to
cause or direct such alteration or enlargement of such activities, shall, prior to alteration, or
enlargement of such activities, apply for and obtain a valid permit from the Department of
Environmental Protection after approval by the Board of Directors.140'141

Statements of cultural or spiritual significance of wetlands

Since time immemorial, the creek informally known as Rancheria Creek, its tributary streams,
the streambeds thereof and the riparian areas adjacent thereto, have been natural resources of
profound significance to the Dry Creek Rancheria Band of Pomo Indians and the Dry Creek

135	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-confederated-tribes-wann-springs-indian-reservation.

136	Tribal Water Quality Ordinance of the Dry Creek Rancheria Band of Pomo Indians (Title 2 of the Environmental Code),,
Chapter 2 (AA). Available at http://drvcreekrancheria.eom/wp-content/uploads/2013/08/2-DCR-Water-Oualitv-Ordinance-
FINALl.pdf.

137	Id. at Chapter 2(P).

138	Id. at Chapter 2(Q).

139	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-drv-creek-rancheria-band-pomo-indians.

140	Tribal Water Quality Ordinance of the Dry Creek Rancheria Band of Pomo Indians (Title 2 of the Environmental Code),
Chapter 8.1.

141	See Id. at Appendix A for a sample application form.	

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Rancheria Pomo people have used these resources for cultural, ceremonial, religious, fishery,
seasonal residential, and other purposes fundamental to the Tribe's way of life.142

Other Novel Protections

The provisions of this Ordinance shall apply to all existing and proposed point and non-point
pollution discharges into surface or ground waters, and to all activities which have the potential
to affect cultural, ceremonial, religious, fishery, seasonal residential, public health and safety,
water quality, and other fundamental interests of the Tribe, including such activities conducted
by non-members of the Tribe or on privately owned lands. Activities to be regulated hereunder
include but are not limited to: (A) Landfills and open dumps; (B) Storage of animal waste; (C)
Automobile graveyards and junkyards; (D) Land filling of sludge or septic system waste; (E)
Individual, residential, industrial, commercial, or agricultural sewage treatment facilities; (F)
Individual, residential, industrial, commercial, fire protection, or agricultural water control
devices including but not limited to treatment facilities or systems, dams, reservoirs, ponds,
pools, tanks, wells, pipelines, flumes, canals, and intake or diversion systems; (G) Underground
and above-ground liquid storage containers; (H) Surface and subsurface removal of mineral
resources, overburden, rock, or soil, including quarry operations (borrow pitting) for road
surfacing or other uses. (I) All prospecting activities involving removal of soil or rock materials,
including operations involving the reopening of existing mine pits, tunnels, or quarries. (J) Sand
and gravel operations. (K) Activities such as suction dredging, that have the potential to affect
the riparian area, water quality, or channel morphology; (L) Potential non-point source pollution
problem areas including agricultural, mining, construction, urban runoff, silviculture, salt water
intrusion, hydrological modification, and residential activities; (M) Any current or future
identified point source pollution problem areas; and (N) Application of herbicide, insecticide, or
other pesticide or toxic materials, or fertilizer for non-domestic use. The provision of this
Ordinance shall apply to all wellhead protection areas within the exterior boundaries of the
Rancheria, to all persons and businesses on the Dry Creek Rancheria, to all land, trust, or fee,
and to all activities in areas with the potential to affect water quality, public health and safety,
and other fundamental interests of the Tribe.143

23. Ea	id of Cherokee Indians

Definition of "waters of the tribe"

"Cherokee waters" means all water within the exterior boundaries of the Qualla Boundary and all
other lands held in trust for the Eastern Band of Cherokee Indians, including but not limited to
lakes, ponds, reservoirs, artificial impoundments, streams, rivers, springs, seeps, wetlands, and
any subterranean waters flowing in well-defined channels and having a demonstrable hydrologic
connection with the surface.144

The "waters of the Eastern Band of Cherokee Indians" are defined as: (a) All waters located
upon or bordering Cherokee trust lands, whether flowing or stationary, whether above or below

142	Id. at Section 2(A1

143	Id. at Chapter 1.4.

144	Eastern Band of Cherokee Indians Tribal Code Section 113E-3. Available at:

https://librarvstage.municode.com/tribes and tribal nations/eastern band of cherokee indians/codes/code of ordinances?node
Id=THCHCO CH113EWAOUCOTRWA. See also Eastern Band of Cherokee Indians Ordinance No. 622. Available at
https://librarvstage.municode.com/tribes and tribal nations/eastern band of cherokee indians/ordinances/code of ordinances?
nodeId=857538.	

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the surface of the ground, and whether diffused or contained within a defined watercourse or
water body of any kind; (b) All waters reserved or granted to the Tribe or to Cherokee trust lands
by the United States and the Tribe; and (c) All water which in the course of nature or as the result
of artificial works, flows into or otherwise enhances such waters.145

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on January 26, 2015.146
Initial water quality standards were approved by EPA on March 28, 2019.

401 Certification

Found eligible to administer a water quality certification program (TAS) on January 26, 2015.
Statements of cultural or spiritual significance of waters

The Eastern Band of Cherokee Indians recognizes Tribal waters are the source of life, tranquility,
and prosperity. Tribal waters include streams, rivers, natural springs, and wetlands that support a
diverse array of environmental, cultural, and economic values. The Tribe recognizes that
protecting these waters requires a strategic and integrated approach across all Tribal watersheds
to encourage prudent use of the Tribe's water resources and enhance its quality and
productivity.147

24. Fond ciu Lac B s Minnesota Cliippew e

Definition of "wetlands"

"Wetlands" means those areas that are comprised of hydric soils and are inundated or saturated
by surface or ground water at a frequency and duration sufficient to support, and under normal
circumstances do support, a prevalence of hydrophytic vegetation. Wetlands include, but are not
limited to, shallow and deep marshes, wet meadows, swamps, bogs, and forested wetlands.148

Other Definitions

"Discharge" means to place, fill, or dump.149

"Fill" means soil, sand gravel, clay, peat, debris, and refuse waste of any kind, or any material
which displaces soil or water or reduces water retention potential, and untreated storm water that
results in sedimentation within a wetland.150

"Point source" means any discernible, confined and discrete conveyance from which pollutants
are or may be discharged into a water body.151

"Pollutant" means dredged spoil, solid waste, incinerator residue, filter backwash, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials, heat, wrecked or
discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste
discharged into water.152

145 Id. at Section 131-3.

146 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-eastern-band-cherokee-indians.

147 Eastern Band of Cherokee Indians Ordinance No. 622, Section 113E-l(a).

148 Fond du Lac Band Wetlands Protection and Management Ordinance, Ordinance No. 03/06, Section 201 (aaa). Available at
http://www.fdlrez.com/government/ords/03-Q6ord.pdf.

149 Id. at Section 201 (k).

150 Id. at Section 201 (p).

151 Water Quality Standards of the Fond duLac Reservation, Ordinance No. 12/98, Section 201 (oo). Amended September 11,
2001. Available at https://www.epa.gov/sites/production/files/2014-12/documents/chippewa-tribe.pdf.

152 Id. at Section 201 (pp).

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303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on May 16, 1996.153
Initial water quality standards were approved by EPA on December 27, 2001.

401 Certification

Found eligible to administer a water quality certification program (TAS) on May 16, 1996.
404-like Ordinance

It shall be unlawful for any person to perform any of the actions specified under this Section
within the Fond du Lac Reservation unless and until a Wetland Activity Permit is obtained from
the Resource Management Division pursuant to this Ordinance. A Wetland Activity Permit is
required for an activity in a wetland, or within a designated buffer zone of a wetland, unless
specifically exempted under this Section 303 of this Ordinance.154

Statements of cultural or spiritual significance of wetlands

In their natural state, wetlands provide important tribal and public benefits and ecological
functions. They provide habitat areas for fish, wildlife, and vegetation, water quality
maintenance and pollution control, flood control, shoreline erosion control, natural resource
education, scientific study, open space, recreation opportunities, environmental niches, and most
importantly the traditional, cultural, and spiritual aspects of our heritage.155

Other Novel Protections

A Shoreland Permit is required for any activity to be completed in the shoreland overlay district.
Activity is, but not limited to, the construction or alteration of buildings, and accessory structures
including temporary structures such as docks, the installation and/or alteration of individual
sewage treatment systems, grading and filling activities, extraction and excavation activities, or
removal of vegetation within the Shoreland Overlay District.156

25. Fort Belkna :nrnunity
Other Novel Protections

The tribal code prohibits throwing refuse in waters: No person shall deposit, place or throw into
any Reservation waters, or leave upon the ice or in such waters any cans, bottles, debris, refuse
or other solid waste material; and no person shall abandon any automobile, boat, or other
vehicles in such waters. Any automobile, boat, or other vehicles not removed from such waters
within thirty (3) days shall constitute abandonment.157

26. Gila RiV' mmunity
Other Definitions

153 https://www.epa.gov/was-tech/water-aualitv-standards-regulations-fond-du-lac-band-minnesota-chippewa-tribe.

154 Fond du Lac Band Wetlands Protection and Management Ordinance, Ordinance No. 03/06, Section 302.

155 Id. at Section 102.

156 Fond du Lac Band, Land Use Ordinance, Ordinance No. 02/07, Section 603. Available at
http://www.fdlrez.com/government/ords/02-Q7ord.pdf.

157 The Laws of the Gros Venture and Assiniboine Tribes of Fort Belknap, Title X, Fish and Wildlife Conservation Code, Section
7.05. Available at https://indianlaw.mt.gov/Portals/127/fortbelknap/codes/fort belknap tribal code.pdf. See also Section 12.18
("No person shall: A. Deposit refuse in Reservation waters.").

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"Permit" means a written document authorized by the Department. A permit is between the
Department and a person, whereby the person voluntarily consents to the conditions in the permit
and the jurisdiction of the Community in exchange for permission to construct, operate, modify,
or conduct a certain approved activity on Reservation lands.158

"Pollutant" means any substance that contains contaminants (examples include, but are not
limited to, solid or hazardous substances or wastes, chemicals, septage, pesticides, herbicides,
fertilizers, wastewater, garbage, petroleum products, biological materials, dirt and other earth
derived materials, heat, and radioactive materials).159

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on October 30, 2018.160
Initial water quality standards have not yet been approved by the EPA.

401 Certification

Found eligible to administer a water quality certification program (TAS) on October 30, 2018.
402-like Ordinance

The Department is authorized to issue both general permits and individual permits.161
General Wastewater and Reclaimed Water Management Ordinance Provisions include:

The disposal of wastewater and septage is strictly prohibited except as
expressly provided in Section 15.603.

It shall be unlawful to dispose, collect, truck or haul, treat, store, handle,
distribute, release, discharge, recharge, reuse, or manage wastewater, septage,
treated wastewater, or reclaimed water in a manner that creates a nuisance
and/or an environmental and/or public health and safety hazard as determined
by the Department in coordination with Community health departments.

(11) Treated wastewater or reclaimed water may only be discharged to authorized
locations pursuant to a Department issued permit, federal law, and/or as
otherwise approved by the Department.

(13) A permittee shall take all necessary actions to eliminate and correct any
adverse impact on the public health or the environment resulting from permit
noncompliance.

(14) The preparation, transport, land application, or disposal of any sludge or
biosolids shall be managed pursuant to GRIC Code Title 18, Chapter 2,

Waste Management.

Within 60 calendar days of the effective date of this chapter, the Department
shall determine if an existing facility is a Type "A", "B", or "C" facility.
Within 180 calendar days of the effective date, the Department shall issue
revised permits for each centralized wastewater treatment facility.162

158 Gila River Indian Community Wastewater and Reclaimed Water Management Ordinance, Title 15, Chapter 6, Section
15.602.A.71. 2016. Available at http://www.gricdea.org/view/download.php/about-us/downloads/user file 4.

159 Id. at Section 15.602.A.78.

160 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-gila-river-indian-communitv.

161 Gila River Indian Community Wastewater and Reclaimed Water Management Ordinance, Title 15, Chapter 6, Section
15.601.E.4.

162 Id. at Section 15.601.F, only relevant portions cited.

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27. Grand Pc. " ¦ :he Minnesota Chippewa Tribe

Definition of "waters of the Reservation"

"Waters of the Reservation" means any accumulation of water, surface or underground, natural
or artificial, public or private, or parts thereof which are wholly or partially within, flow through,
or border upon the Grand Portage Reservation; including but not limited to lakes, streams, and
wetlands.163

Definition of "wetland"

"Wetland" means those areas that have a predominance of hydric soils, are inundated or
saturated by surface or ground water at a frequency and duration to support, and that under
normal circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soils. "Normal circumstances" refers to the soil and hydrologic conditions normally
present, without regard to whether the vegetation has been removed or whether the lands have
been otherwise modified/manipulated by human activity.164

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on July 16, 1996.165
Initial water quality standards were approved by EPA on November 2, 2005.

401 Certification

Found eligible to administer a water quality certification program (TAS) on July 16, 1996.

Statements of cultural or spiritual significance of wetlands and water resources
The Tribe's existence has been dependent on the ability of the land and waters to provide natural
resources for consumption, subsistence, cultural preservation, religious practice and sustainable
economic development. Areas within the Reservation serve as a refuge for Tribal members to
continue to practice a life that exemplifies sustainable economic development, and that preserves
the resources critical to cultural integrity and survival of the Tribe.166

In the tribe's water quality standards, they have established a designated use for cultural uses:
wild rice areas and aesthetics (a stream, river, lake, wetland or impoundment, with an
uncharacteristic beauty or which represents the traditional value system of the Grand Portage
Band of Chippewa, as determined by the Grand Portage Reservation Water Resources Board).167

Other Novel Protections

The tribe's water quality standards apply to wetlands, including designated uses for wetlands168:
The GPWRB will impose the most stringent statutory and regulatory controls for all new and
existing point sources and will impose the best management practices for non-point sources and
wetland alterations.169

163 Grand Portage Band of the Minnesota Chippewa Indians Water Quality Standards Section IV. Available at
https: //www.epa. gov/ sites/production/files/2014-12/documents/grandportag eband.pdf.

164 Id.

165 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-grand-portage-band-minnesota-chippewa-tribe.

166 Grand Portage Band of the Minnesota Chippewa Indians Water Quality Standards Section VI.

167 Id. at Section V.E.

168 Id. at Section V.

169 Id. at Section VII.

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28. Grand Traverse "	fawa a ippewa Indians

Definition of "wetlands"

"Protected wetland" means a wetland which meets one or more of the following criteria: (1) a
wetland which is within five hundred (500) feet of a lake or stream; (2) a wetland which is five
(5) or more acres in size; (3) a wetland set aside for protection by the Tribal Council; or (4) a
wetland subject to regulation by the federal government.170

Other Definitions

"Environmentally sensitive sites" includes sites with one or more of the following
characteristics: (1) Sites where driveways have been planned with a slope greater than ten
percent (10%) (10 feet horizontal to 1 foot vertical). (2) Sites with heavy clay soils (commonly
termed hardpan clay), and soils classified in hydrological Group D in the soil surveys published
by the Soil Conservation Service, U.S. Department of Agriculture. (3) Sites which may cause
sedimentation or flood onto adjacent land areas if earth changes occur. (4) Sites located within
one hundred (100) feet of a wetland. (5) Other environmentally sensitive sites identified by the
Tribal government as having a high potential for environmental degradation including flooding
as a result of soil erosion or stormwater runoff on-site or off-site.171

402 and 404-like Ordinance

Permit Requirements ... (b) Regulated Earth Changes. Earth changes requiring a soil erosion and
stormwater runoff control permit from the enforcement officer(s) designated by the Tribal
Council include the following: (1) Earth changes connected with any of the following activities
which disturb land within five hundred (500) feet of a lake or stream, except for normal
maintenance:... (B) Site preparation for a single-family residence and multiple family residential
developments. (C) Tribal buildings and service facilities.... (D) Recreational facilities.... (E)
Utilities.... (F) Oil, gas, and mineral wells.... (H) Logging activities ... (J) Earth changes on
agricultural lands.... (2) Earth changes for environmentally-sensitive residential sites. (3)
Industrial or commercial use development sites, regardless of size, location, or environmental
sensitivity. (4) (A) All developments which includes housing, commercial, subsidiary
enterprises, individual or other entity developments within the Tribe's jurisdiction regardless of
size, location, or environmental sensitivity. (B) All multi-family developments regardless of size,
location or environmental sensitivity172

29. Havasup )e

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on April 26, 2011.173
Initial water quality standards have not yet been approved by the EPA.

170	Grand Traverse Band Code, Title 8 Conservation, Ecology, and Hunting/Fishing, Section 302 (yy). Available at
https://www.narf.org/nill/codes/grand traverse/Title 8.pdf.

171	Id. at Section 302 (u), emphasis added.

172	Id. at Section 303, only relevant portions cited.

173	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-havasupai-tribe.	

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30. Hoopa Valley Tribe

Definition of "waters of the tribe"

"Waters of the Reservation" or "Reservation waters" means any water, surface or underground,
contained within, flowing through or bordering upon the Hoopa Valley Indian Reservation or
any portion thereof."174

Other Definitions

"Permit" means any formal authorization from, or approval by, the Tribe, the Review
Committee, or other tribal entities and agencies, the absence of which would preclude surface
mining operations or other activities regulated hereby.175

"Point source" means any discernable, confined, and discrete conveyance, including but not
limited to any pipe, ditch, channel, tunnel, conduit, culvert, well, discrete fissures, containers,
rolling stock, concentration animal feeding operation, vessel, or other floating craft.176
"Pollutant" means any substance that will alter the quality of the waters of the Reservation.177
"Riparian area" shall be defined according to the reasonable discretion of the Review
Committee, but shall include at a minimum, with respect to the Trinity River, the lands lying
between the stakeline boundaries of the allotments and former allotments along that river. The
Review Committee's discretion shall be guided by the standard that the vegetation, soil, and
mineral resources, and ground and surface waters of the riparian area are to be viewed as a
comprehensive ecosystem178.

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on May 17, 1996.179
Initial water quality standards were approved by EPA on September 11, 2002.

401 Certification

Found eligible to administer a water quality certification program (TAS) on May 17th, 1996.
402-like and 404-like Ordinance

Section 4.1 of the tribe's Pollutant Discharge Prohibition Ordinance requires a permit from the
Riparian Review Committee for a wide range of activities that affect water quality, including "all
existing and proposed point and non-point pollution discharges into surface or ground waters,
and to all activities which have the potential to affect... water quality," including but not limited
to: (A) landfills and open dumps; (B) storage of animal waste; (D) landfilling of sludge or septic
system waste; (E) individual, residential, industrial, commercial, or agricultural sewage treatment
facilities; (F) individual, residential, industrial, commercial, fire protection, or agricultural water
control devices; (G) underground and above-ground liquid storage containers; (H) surface and
subsurface removal of mineral resources, overburden, rock, or soil, including quarry operations
(borrow pitting) for road surfacing or other uses; (I) all prospecting activities involving removal

174	Hoopa Valley Tribe, Title 37 Pollutant Discharge Prohibition Ordinance, Ordinance No. 3-95, Section 2. Available at
https://www.hoopa-nsn.gov/wp-content/uploads/2015/06/Title37-PollutantDischarge08Q395.pdf.

175	Hoopa Valley Tribe, Title 35 Riparian Protection and Surface Mining Practices Ordinance, Ordinance No. 3-92, Section
35.2.18. Available at https://www.hoopa-nsn.gov/wp-content/uploads/2015/06/Title35-RiparianMining080392.pdf.

176	Hoopa Valley Tribe, Title 37 Pollutant Discharge Prohibition Ordinance, Ordinance No. 3-95, Section 2.

177	Id.

178	Hoopa Valley Tribe, Title 35 Riparian Protection and Surface Mining Practices Ordinance, Ordinance No. 3-92, Section
35.2.24.

179	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-hoopa-vallev-tribe.	

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of soil or rock materials; (J) sand and gravel operations; (K) activities such as suction dredging,
that have the potential to affect the riparian area, water quality, or channel morphology; (M)
identified point source pollution problem areas; and (N) application of herbicide, insecticide, or
other pesticide or toxic material or fertilizer for non-domestic use.180

404-like Ordinance

The tribe requires a permit from the Tribal Council for "surface mining or mineral development
activities" within the Trinity and Klamath River riparian areas with the potential to affect water
quality under its Riparian Protection and Surface Mining Practices Ordinance, including but not
limited to: (a) surface and subsurface removal of mineral resources, overburden, rock, or soil,
including quarry operations (borrow pitting) for road surfacing or other uses; (b) all prospecting
activities involving removal of soil or rock materials; (c) sand and gravel operations; (d) any
activities such as suction dredging, that have the potential to affect the riparian area, water
quality, or the channel of the Trinity River; (e) any activities in the Trinity River or Klamath
River riparian areas with potential to affect the riverbed or river flow, ground or surface water
quality, or fishery, cultural, or ceremonial values.181

Statements of cultural or spiritual significance of wetlands and water resources
Since time immemorial, the Trinity River, its tributary streams, the streambeds thereof, and the
riparian areas adjacent thereto, have been natural resources of the most profound significance to
the Hoopa Valley Tribe, and Hupa people have always used these resources for cultural,
ceremonial, religious, fishery, seasonal residential, and other purposes fundamental to the Tribe's
way of life.182

In the tribe's surface water quality standards, they have established a designated use for cultural
uses which is defined as a use that has religious, ceremonial, subsistence significance or provides
a role in Hoopa Tribal culture.183

31. Hopi Tribe

Definition of "wetlands"

"Wetlands" means those areas that are inundated or saturated by surface or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include
swamps, marshes, bogs, cienegas, tinajas, and similar areas.184

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on April 23, 2008.185
Initial water quality standards were approved by EPA on July 8, 2008.

401 Certification

180	Hoopa Valley Tribe, Title 37 Pollutant Discharge Prohibition Ordinance, Sections 1.4 and 4.1, only relevant portions cited.

181	Hoopa Valley Tribe, Title 35 Riparian Protection and Surface Mining Practices Ordinance, Ordinance No. 3-92, Sections 35.1
and 35.4.

182	Hoopa Valley Tribe, Title 37 Pollutant Discharge Prohibition Ordinance, Section 1.2(A).

183	Id. at Section 6.1(0).

184	Hopi Tribe Water Quality Standards Chapter 8. Revised November 2010. Available at
https: //www.epa. gov/ sites/production/files/2014-12/documents/hopitribe.pdf.

185	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-hopi-tribe.	

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Found eligible to administer a water quality certification program (TAS) on April 23, 2008.

Statements of cultural or spiritual significance of wetlands and water resources
In the tribe's surface water quality standards, they have established a designated use for Primary
Contact Ceremonial (PCC) use. Primary contact ceremonial means the use of a spring, stream
reach, lake, or other water body for religious or traditional purposes by members of the Hopi
Tribe; such use involves immersion and intentional or incidental ingestion of water, and it
requires protection of sensitive and valuable aquatic life and riparian habitat.186

Other Novel Protections

The tribe's general water quality standards apply to wetlands.187

ipai India e
Definition of "tribal waters"

"Tribal waters" means all surface waters and groundwater located on, within, underlying, or
passing through, Hualapai Tribal Lands.188

Definition of "wetlands"

"Wetlands" means those areas that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, bogs, vernal pools, fens, ciengas, and marshes.189

Other Definitions

"Discharge" means the addition of a pollutant to any Tribal waters from any point source.190
"Point source" means any discernible, confined, and discrete conveyance from which pollutants
are or may be discharged into a water body, and does not include return flows from irrigated
agriculture.191

"Pollutant" means any substance which will alter the quality of tribal waters, and which is
discharged in such a manner that either the discharge itself or the resulting alteration of water
quality does not comply with federal or tribal standards, and includes, but is not limited to,
dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded
equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste.192
"Surface water" means any water of the United States, as that phrase is defined in 33 CFR 328.3,
and includes the following: wetlands, lakes, streams, reservoirs, natural ponds, rivers, creeks,
washes, draws, mudflats, sandflats, wetlands, sloughs, backwaters, prairie potholes, wet

186 Hopi Tribe Water Quality Standards Chapter 4, Section 4.102.D.

187 Id. at Chapter 1, Section 1.105.

188 Hualapai Tribe Water Resources Ordinance, Chapter 1, Section 110.UU. Available at
https: //www.epa. gov/ sites/production/files/2014-12/documents/hualapai-tribe.pdf.

189 Id. at Section 110.WW.

190 Id. at Section 110.P.

191 Id. at Section 110.LL.

192 Id. si Section 110.MM.

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meadows, playa lakes; all impoundments of waters otherwise defined as surface waters;
tributaries of surface waters; and wetlands adjacent to surface waters.193

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on July 22, 2004.194
Initial water quality standards were approved by EPA on September 17, 2004.

401 Certification

Found eligible to administer a water quality certification program (TAS) on July 22, 2004.
402-like Ordinance

Discharge Permits: To further implement the purposes and provisions of this Ordinance, the
Water Resources Program is hereby authorized to develop a program for issuing permits in
accordance with the National Pollutant Discharge Elimination System provisions of the Clean
Water Act. Unless and until the Hualapai Tribe asserts primary responsibility for NPDES
permitting, the EPA shall work together with the Tribe to develop, issue and enforce permits for
dischargers within Hualapai tribal lands in accordance with standards set forth in this
Ordinance.195

No person shall conduct any activity which causes a discharge from a point source into a Tribal
water without first obtaining an NPDES permit from EPA under section 402 of the Clean Water
Act or from the Water Resources Program, if the program implements an NPDES permit
program pursuant to section 604 of this Ordinance. In addition, to the extent the activity
constitutes "development" under subtitle A of the Hualapai Environmental Review Code, such
person shall obtain a permit from the Tribal Environmental Review Commission as required by
Subtitle A.196

Statements of cultural or spiritual significance of water resources

"Traditional Cultural Place" means tribal waters and surrounding areas which meet the definition
of a "traditional cultural place" under the Hualapai Cultural Heritage Resources Ordinance,
namely, a place that is eligible for the National Register because of its association with cultural
practices or beliefs of a living community that are rooted in that community's history and are
important in maintaining the continuing cultural identity of the community, or a place that has
been determined eligible for the Hualapai Register. These places serve as exclusive harvest areas
where members of the Hualapai Tribe may search for and extract plant life and vegetation to be
used for ethnobotanical purposes (e.g., constructing baskets and cradleboards, as well as for
medicinal and/or any other such purposes commonly identified by the Hualapai community as
being associated with traditional uses), as well as for religious gatherings and sensitive
ceremonial activities.197

rnestown S'Klaiiari e

303(c) Water Quality Standards

93	Id. at Section 110.PP.

94	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-hopi-tribe.

95	Hualapai Tribe Water Resources Ordinance, Chapter 6, Section 604.

96	Id. at Chapter 7, Section 701 .A.

97	Id. at Chapter 6, Section 110.TT.	

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Found eligible to administer a water quality standards program (TAS) on March 30, 2022.198
Initial water quality standards have not yet been approved by EPA.

401 Certification

Found eligible to administer a water quality certification program (TAS) on March 30, 2022.

34. Jic	ache Nation

Other Definitions

Environmentally Sensitive Areas means portions of the Nation that are: (1) Within the valleys of
the San Juan, Navajo, Rio Puerco, or Chama Rivers and bounded by the topographic line on
either side of the river that is one hundred (100) vertical feet, measured perpendicularly to the
river channel, above the river channel; or (2) Within the surface water drainages or alluvial areas
within fifty (50) vertical feet, measured perpendicularly to the drainage channel, of all major
perennial and ephemeral creeks, canyons, washes, arroyos, and draws within the Nation; (3)
Within a radius of one thousand (1,000) horizontal feet around any fresh water spring, well, or
domestic or public water source in existence on January 1, 1994; or (4) Within one hundred
(100) vertical feet, measured perpendicularly to the water surface, of all lakes, playas, or stock or
livestock watering ponds within the Nation.199

Statements of cultural or spiritual significance of water resources

In administering this [Water Code], the Water Commission and the Water Administrator shall
consider the following Policy: (A) Water is a life-giving resource and its use should benefit the
greatest possible number of members of the Nation.200

The rivers, lakes, and ponds of the Nation are to be retained as nearly as possible in their natural
condition, prohibiting the obstruction of flows and maintaining water levels necessary to
preserve traditional and religious, recreational, fish and wildlife uses, and maintain aesthetic and
environmental values to the greatest extent possible.201

Other Novel Protections

The tribe adopted a Water Code to govern the right to impound, divert, withdraw, use, or affect
the use of the waters of the Nation.202

The purpose of the Unlined Surface Impoundments Ordinance is to ensure that the Nation's
environment is protected from any unlined surface impoundment utilized in connection with oil
and gas exploration, production, processing, or transportation.203

pel Indian Coin in unity
Definition of "waters of the Reservation"

198	https://www.epa.gov/was-tech/water-aualitv-standards-regulations-iamestown-sklallam-tribe.

199	Jicarilla Apache Nation Code, Title 14 Environmental Protection Code, Chapter 3 Unlined Surface Impoundments Ordinance,
Section 14-3-4 (D). Available at: http://iicarillaoga.com/uploads/1512664422-JANCTitlel4EnvironmentalProtection.pdf.

200	Jicarilla Apache Nation Code, Title 21 Water Code, Section 21-6-1 (A). Available at:
http://iicarillaoga.com/uploads/1527625549-Title21WaterCode.pdf.

201	Id. at Section 21-6-3 (D).

202	Id. at Section 21-5-5.

203	Jicarilla Apache Nation Code, Title 14 Environmental Protection Code, Chapter 3 Unlined Surface Impoundments Ordinance,
Section 14-3-2.	

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"Waters of the Reservation" means lakes, bays, ponds, impounding reservoirs, springs, wells,
rivers, streams, creeks, marshes, wetlands, inlets, canals, and all other bodies of surface water,
natural, or artificial, inland, fresh, public or private (except those private waters that do not
combine or affect a junction with natural surface or underground waters), which are within the
Reservation.204

Definition of "wetlands"

"Wetlands" means areas that are inundated or saturated by surface water or ground water at a
frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions.205

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on November 4, 2002.206
Initial water quality standards were approved by EPA on June 24, 2004.

401 Certification

Found eligible to administer a water quality certification program (TAS) on November 4, 2002.
Statements of cultural or spiritual significance of water resources

The tribe's water quality standards include a ceremonial and cultural designated use. These
criteria apply to waters used for swimming and wading: 1) E.coli shall not exceed a geometric
mean of 126 colony forming units/lOOmL with no single sample exceeding 235 colony forming
units/lOOmL. 2) Livestock, pet, human, commercial, and industrial wastes are not allowed to be
drained or discharged into Waters of the Reservation without control or treatment with best
management practices approved by the department and sufficient to meet all criteria. No
wastewater source is permitted to cause a violation in Kalispel Tribal Water Quality Standards.
3) Toxic, radioactive, or deleterious materials shall be below levels which have the potential
either singularly or in combination to interfere with use a as source water for domestic and
municipal water supplies, or adversely affect public health as determined by the department.207

36.	Karuk Tribe
303(c) Water Quality Standards

Found eligible to administer a water quality standards program, (TAS) on June 26, 2020.208
Initial water quality standards have not yet been approved by EPA.

401 Certification

Found eligible to administer a water quality certification program on June 26, 2020.

37.	Kasfaia Band of Porno Indians
Definition of "waters of the Rancheria"

204 Water Quality Standards Applicable to Waters within the Kalispel Indian Reservation, Section 4. Available at

https: //www.epa. gov/ sites/production/files/2014-12/documents/kalispel-tribe-wq s.pdf.

20SId.

206	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-kalispel-indian-communitv-kalispel-reservation.

207	Water Quality Standards Applicable to Waters within the Kalispel Indian Reservation, Section 12(f).

208	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-karuk-tribe.	

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"Water or Waters" means any water, surface or underground located on or running through the
Rancheria.209

Other Definitions

"Pollutant" means any substance that will alter the quality of the waters of the Rancheria.210
"Quality of the water or waters" means any chemical, physical, biological, bacteriological,
radiological, and other properties and characteristics of water which affect its use.211

402-like and 404-like Ordinance

No person shall discharge any pollutant into the waters of the Rancheria.212

38. Keweenaw Bay Indian Con
303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on April 21, 2020.213
Initial water quality standards have not yet been approved by EPA.

401 Certification

Found eligible to administer a water quality certification program (TAS) on April 21, 2020.

e Band of W lians

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on April 7, 2016.214
Initial water quality standards approved by EPA on April 16, 2021.

401 Certification

Found eligible to administer a water quality certification program (TAS) on April 7, 2016.
Statements of cultural or spiritual significance of water resources

The purpose of these water quality standards is to restore, maintain, and protect the chemical,
physical, biological, and cultural integrity of the Rancheria waters as described in Section 2.1.215
In the Tribe's water quality standards, they have established a designated beneficial use for
"Native American Cultural/Traditional" uses, which means the uses of water that support the
cultural and/or traditional rights by citizens of the Cortina Rancheria Kletsel Dehe Wintun
Nation. Associated activities include basket weaving and jewelry material collection, navigation
to traditional ceremonial locations, and ceremonial uses. Ceremonial and/or religious water uses,
including water the Tribal Council has declared as Sensitive or an Outstanding Tribal Resource

209 Kashia Band of Pomo Indians, Ordinance 7 Prohibiting the Discharge of Any Pollutant into the Waters of the Rancheria,
Section 2(G). Available at http://stewartspoint.org/wp/wp-content/uploads/2012/10/TribalOrdinance7.pdf.

210 Id. at Section 2(D).

211 Id. at Section 2(F[sic]).

212 Id. at Section 3. "This ordinance is being enacted at this time as an emergency measure to maintain the quality of Rancheria
waters until such time as the Stewarts Point Rancheria Community Council can enact a new water ordinance comprehensively
regulating water quality and the discharge of pollutants on the Rancheria" (Kashia Band of Pomo Indians, Ordinance 7, Section

1).

213 https: //www, epa. gov/wq s-tech/water-qualitv-standards-regulations-keweenaw-bav-indian-communitv.

214 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-kletsel-dehe-wintun-nation.

215 Kletsel Dehe Wintun Nation, Water Quality Standards, Section 1. Available at: https://www.epa. gov/sites/default/files/2021 -
04/documents/kletsel-dehe-wintun-nation-wqs.pdf.

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Water, but not limited to hunting, gathering of materials, food, and medicinal plants. This use is
protected under the American Indian Religious Freedom Act (P.L.95-341).216
In the Tribe's water quality standards, they have established narrative water quality criteria for
protection of cultural and traditional uses that is applicable to all water resources on the
Rancheria. The criteria states, "All waters with the cultural and traditional designated use shall
be free from contaminants at levels that cause or contribute to an impairment in water-based
activities essential to maintaining the Nation's cultural and traditional practices."217
The Tribal Nation has established a unique water quality designation for High Quality Rancheria
Waters such that "[w]ater quality and stream ecosystem health in high quality Rancheria waters
shall be maintained to protect: i. Culturally, religiously significant, or economically beneficial
areas..." and to protect "[njative riparian vegetation, including plants traditionally gathered for
cultural and medicinal purposes."218

The Tribal Council may designate a water body as an Outstanding Tribal Resource Water for
several reasons, including due to cultural value.219

Other Novel Protections

The Nation's narrative water quality criteria apply to all waters within the Rancheria, including
seeps (documented or not) and wetlands.220

Beneficial uses include Wetland Habitat: Uses of water that support natural and man-made
wetland ecosystems, including, but not limited to, preservation or enhancement of unique
wetland functions, vegetation, fish, shellfish, invertebrates, insects, and wildlife habitat.221
The Tribal Nation has established beneficial uses for wetlands: For all wetlands as defined by the
Nation, uses, functions, and values to be protected include but are not limited to: base flow
discharge, cultural opportunities, flood flow attenuation, groundwater recharge, indigenous floral
faunal diversity abundance, nutrient cycling, organic carbon export/cycling, protection of
downstream water quality, recreation, resilience against climatic effects, sediment/shoreline
stabilization, surface water storage, and water-dependent wildlife to the extent that such uses,
functions, and values occur as represented by established baselines.222
Section 4.2 of the Nation's water quality standards focuses on wetlands, including Wetlands
Designated Uses, Narrative Criteria, and Antidegradation Requirements.

40. La " i seiio Indians

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on April 21, 2022.223
Initial water quality standards have not yet been approved by EPA.

216 Id. at Section 2.2.

217 Id. at Section 3.1.

218 Id. at Section 4.1.

219 Id.

220 Id. at Section 2.1.

221 Id. at Section 2.2.

222 Id. at Section 2.3.1.

223 https://www.epa.gov/was-tech/water-qualitv-standards-regulations-la-iolla-band-luiseno-indians.

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401 Certification

Found eligible to administer a water quality certification program (TAS) on April 21, 2022.

) Mission Indians

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on March 25, 2021.224
Initial water quality standards have not yet been approved by EPA.

401 Certification

Found eligible to administer a water quality certification program (TAS) on March 25, 2021.

Lake Superior Cliippe\ ians

Definition of "navigable"

Lakes, ponds, and flowages on the Lac Courte Oreilles Reservation shall be presumed to be
navigable if they are listed in the Wisconsin Department of Natural Resources publication
"Surface Resources of Sawyer County" or are shown on United States Geological Survey
quadrangle maps.225

Rivers and streams on the Lac Courte Oreilles Reservation shall be presumed to be navigable if
they are designated as continuous waterways or intermittent waterways on United States
Geological Survey quadrangle maps.226

Other Novel Protections

Shoreland Protection Code requires "Setbacks from Navigable Water": (1) Building setbacks
shall be established to conform to health, safety and welfare requirements, preserve natural
beauty, reduce flood hazards and avoid water pollution. (2) For lots that abut on navigable
waters, all buildings and structures, new dwellings on vacant lots and replacement dwellings;
except piers and boat hoists shall be set back a minimum of 75 feet from the ordinary high-water
mark of navigable waters and wetlands adjacent to any navigable water. The minimum setbacks
shall be 100 feet on the Chippewa Flowage. All setback distances are measured from the
overhang or appendage such as a deck, horizontally to the closest point of the ordinary high-
water mark. For lots that abut on nonnavigable wetlands, all buildings and structures shall be set
back a minimum of 50 feet from the wetland boundary. Navigable wetlands shall be determined
by a representative of the Lac Courte Oreilles Conservation Department. Certification of wetland
delineation, if required, is the responsibility of the property owner. (3) New boathouses shall not
be allowed within 75 feet (100 feet on the Chippewa Flowage) of the ordinary high-water mark
of navigable waters. (4) Retaining walls shall not be allowed within 75 feet (100 feet on the
Chippewa Flowage) of the ordinary high-water mark of navigable waters, within 75 feet (100
feet on the Chippewa Flowage) of navigable wetlands or within 50 feet of nonnavigable
wetlands....227

224 https: //www, epa. gov/wq s-tech/water-qualitv-standards-regulations-la-posta-band-diegueno-mission-indians.

225 Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin, Tribal Code of Law, Title VI Conservation,
Chapter 7 Shoreland Protection Code, Section 7.105(1). Available at:

226 Id. at Section 7.105(2).

227 Id. at Section 7.501.

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43. Lac ciu Flambe	^ake Superior Chippewa Indians

Definition of "reservation waters"

"Reservation waters" means all lakes, streams, sloughs, bayous, and marsh outlets which are
navigable in fact and which are located within the reservation; lakes which are partly within this
reservation are included to the extent of the shoreline within the reservation.228

Definition of "wetlands"

"Wetlands" means those areas that are inundated or saturated by surface or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions as well as having
hydric soils present. Wetlands generally include, but are not limited to swamps, marshes, and
bogs.229

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on April 8, 2008.230
Initial water quality standards were approved by EPA on September 17, 2010.

401 Certification

Found eligible to administer a water quality certification program (TAS) on April 8, 2008.
404-like Ordinance

No tribal member or lessee shall conduct, nor shall any tribal member or lessee permit, employ,
contract or authorize any person to conduct, any of the following activities without a permit
therefor from the Tribe: (1) Deposit any material or place any structure upon the bed of any
reservation water without obtaining appropriate Tribal and/or Federal Permits.231
Filling, grading, lagooning, dredging, ditching and excavating may only be conducted in
accordance with the provisions of Chapters III, IV, V, VI and VII of this ordinance, and only if
done in a manner designed to minimize erosion, sedimentation, and impairment of fish and
wildlife habitat.232

Any use not permitted in Section 23.702 is prohibited in any reservation wetland area unless a
conditional use permit is granted by the Tribe.233

Other novel protections

The following setback requirements are established in order to protect the health, safety, and
welfare of tribal members and licenses and to reduce flood hazards and prevent water pollution:
(1) A setback of seventy-five (75) feet from the ordinary high-water mark of an adjacent body of
water to the nearest part of a building or structure shall be required, excepting piers, boat hoists,
fish hatcheries, and boathouses. (2) No boathouse shall be used for human habitation nor
constructed beyond the ordinary high-water mark of any reservation body of water. All new

228	Lac du Flambeau Band of Lake Superior Chippewa Indians Tribal Code, Chapter 23 Reservation Water and Shoreline
Protection and Enhancement Ordinance, Section 23.108 (5). Available at: https://www.ldftribe.com/uploads/files/Court-
Ordinances/CHAP23%20Reservation%20Water%20and%20Shoreline%20Protection%20and%20Enhancement%200rdinance.p
df.

229	Id. at Section 23.108 (18).

230	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-lac-du-flambeau-band-lake-superior-chippewa-tribe.

231	Lac du Flambeau Band of Lake Superior Chippewa Indians Tribal Code, Chapter 23 Reservation Water and Shoreline
Protection and Enhancement Ordinance, Section 23.301.

232	Id. at Section 23.804.

233	Id. at Section 23.703.	

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boathouses must be constructed at a minimum setback of five (5) feet from the ordinary high
water mark and must not exceed three-hundred (300) square feet in area and must not exceed
thirteen (13) feet in height.234

No person shall cut aquatic vegetation growing or found in any reservation body of water
without first consulting with the Tribal Natural Resource Department as to the identity of the
vegetation said person proposes to cut. In the event that the Tribal Natural Resource Department
determines that the vegetation is in fact wild rice or advantageous to wildlife or fish habitat, it
shall issue a written notice to said person not to cut...235

44. Leech L; the Minnesota Chippewa Tribe

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on November 2, 2021236.
Initial water quality standards not yet approved by EPA.

401 Certification

Found eligible to administer water quality certification program (TAS) on November 2, 2021.

cis of Ociawa Indians

Definition of "wetlands"

"Wetland" means land characterized by the presence of water at a frequency and duration
sufficient to support, and that under normal circumstances does support, wetland vegetation or
aquatic life, and is commonly referred to as a bog, swamp, or marsh, not contiguous to the Great
Lakes, an inland lake or pond, or a river or stream. Wetlands must have hydric soils, wetland
vegetation and presence of wetland hydrology.237

Other Definitions

"Coastal Wetland" means wetlands that are within one mile or less of the Lake Michigan
shoreline.238

"Contiguous Wetland" means a wetland bordering a lake or stream or that is directly connected
to, or within 500 feet of, the surface waters of the Great Lakes.239

"High quality wetlands" means those wetlands determined to be of high quality by the LTBB
Wetland Protection Officer using the rapid assessment for functional values analysis.240
"Inland Wetland" means any wetland over one mile from the Lake Michigan shoreline.241

234 Id. at Section 23.802.

235 Id. at Section 23.501.

236 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-leech-lake-band-oiibwe.

237 Little Traverse Bay Bands of Odawa Indians, Waganakising Odawak Statute 2006-0106, Wetland Protection and Management
Statute, Section II(K). Available at https://www.ltbbodawa-nsn.gOv/OdawaRegister/Legislative/Statutes/2006/wos%202006-
016%20Wetlands%20Protection%20Statute-passed%20bv%20Council.pdf. See also Little Traverse Bay Bands of Odawa Indians
Tribal Code of Law, Title IV Natural Resources, Chapter 4 Wetland Protection and Management, Section 4.403.K. Available at:
https://www.ltbbodawa-nsn.gov/TribalCode.pdf.

238 Little Traverse Bay Bands of Odawa Indians Wetland Protection Management Statute at Section 111(B).

239 Id. at Section III(D).

240 Id. at Section III(E).

241 Id. at Section III(G).

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"Non-contiguous Wetland" means a wetland over 500 feet from the surface waters of the
Reservation land and not directly connected to waters therein.242

"Native Wetlands" means wetlands that are within or connected to the 1855 LTBB Treaty
Delineated Reservation that include marshes, bogs, fens, sedge meadows, seeps, or wet

• • 243

prairies.

404-like Ordinance

Regulations: 1. Uses Allowed Without a Permit: The Environmental Services Department shall
develop regulations for uses allowed in a wetland without a permit. 2. Uses Allowed With a
Permit: The Environmental Services Department shall develop regulations for activities allowed
in a wetland with a permit. 3. Prohibited Uses: The Environmental Services Department shall
develop regulations for uses that are prohibited in a wetland. They will include but are not
limited to the following: i. Deposit or permit the placing of fill material in a wetland; ii. Dredge,
remove, or permit the removal of soil or minerals from a wetland; iii. Construct, operate, or
maintain any use or development in a wetland; iv. Drain surface water from a wetland; v. Engage
in wanton destruction or waste of fish, game, reptiles, amphibians or plants.244

Statements of cultural or spiritual significance of wetlands

Cultural Values. The critical environmental functions of Wetland Areas make them very
important to Little Traverse Bay Bands of Odawa Indians (LTBB) culture in that they provide
medicinal, food and utilitarian plants, and a forum for outdoor education and ceremony.245
By protecting wetlands, we protect our heritage for the next seven generations. The
Purposes of this Statute include encouraging education and proper cultural uses of our wetlands,
and reducing their over harvesting.246

Other novel protections

Great Lakes Protection Statute was enacted to help protect and preserve the Great Lakes
ecosystem. Under the statute, no person under the jurisdiction of the tribe (A) may commence or
carry out any drilling activity (including any slant or directional drilling) to extract oil, gas, or
other petroleum products from lands beneath waters under any of the Great Lakes, or (B) may
commence or carry out any activities to sell or divert any waters from the Great Lakes.247

46. Linnrni Tribe
Definition of "waters of the tribe"

"Water" means Lummi Nation ground water and surface water.248

"Surface waters of the Lummi Indian Reservation" means any or all fresh or marine waters
originating from precipitation or ground water discharge that are found at the surface of the earth
and that originate or flow in, into, or through the Reservation, or that are stored on the

242 Id. at Section III(H).

243 Id. at Section III(I).

244 Id. at Section VIII.A.

245 Id. at Section I.B.

246 Id. at Section II.B.

247 Id. at Section II (only relevant portions cited).

248 Lummi Code of Laws, Title 17 Water Resources Protection Code, Chapter 17.09 Definitions, Section 17.09.010. Available

at: https://www.lummi-nsn.gov/userfiles/393 Title 17 Water Resources Protection Code Resolution 2016-014.pdf.

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Reservation, primarily in rivers, streams, springs, seeps, ponds, wetlands, lakes, and storm water
drainage facilities.249

"Lummi Nation Water" means all fresh and marine waters that originate or flow in, into, or
through the Reservation or trust lands, or that are stored on the Reservation or trust lands,
whether found on the surface of the earth or underground, and all Lummi Nation tribal reserved
water rights.250

Definition of "wetlands"

"Wetlands" means those areas that are inundated or saturated by surface water or ground water at
a frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas.251

Other Definitions

"Adjacent Wetlands" means wetlands bordering, contiguous, or neighboring "waters of the
United States" as defined by 33 CFR 328, as amended from time to time.252
"Contiguous Wetlands" means wetlands that are connected to waters of the Reservation or trust
lands or other geographic features (e.g., open space) by any of the following criteria: (1) all or
part of the wetland lies within the 100-year floodplain of waters of the Reservation or trust lands;
(2) hydric soil and hydrophytic vegetation extend continuously to waters of the Reservation or
trust lands or other pertinent geographic features; or (3) sufficient evidence exists to conclude the
wetland is hydrologically connected and is immediately adjacent to waters of the Reservation or
trust lands or other pertinent geographic features.253

"Filling" means the depositing of any material on a site that raises the surface level of the land or
the bed of a body of water above its prior or natural elevation.254

"Isolated Wetlands" means non-tidal wetlands not part of a surface tributary system to intrastate
or navigable waters of the United States and are no [sic] adjacent to such tributary waterbodies.
"Permit" means a document issued pursuant to the Lummi Code of Laws or federal
regulations.255

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on March 5, 2007.256
Initial water quality standards were approved by EPA on September 30, 2008.

401 Certification

Found eligible to administer a water quality certification program (TAS) on March 5, 2007.
402-like and 404-like Ordinances

It is civilly prohibited for any person to: (f) take, store, or alter water, or discharge into Lummi
Nation Water, or affect the quality or quantity of Lummi Nation Water without a permit

249	Lummi Tribe, Lummi Administrative Regulations (LAR), Water Quality Standards for Surface Waters of the Lummi Indian
Reservation; 17. LAR 07.020. Available at https://www.epa.gov/sites/production/files/2014-12/documents/lummi-nation-
was.pdf.

250	Lummi Code of Laws, Title 17 Water Resources Protection Code, Chapter 17.09 Definitions, Section 17.09.010.

251	Id.

252	Id.

253	Id.

254	Id.

255	Lummi Tribe Water Quality Standards 17 LAR 07.020.

256	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-lummi-nation.	

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authorizing such taking, altering, or discharging or without an exemption issued pursuant to this
Code.257

Storm Water Management

(a) No person may engage in any use or activity regulated by this Chapter that affects or has the
potential to affect the quality or quantity of storm water as listed in this Chapter without
obtaining a land use permit from the Lummi Planning Department, as provided in Title 15 of the
Lummi Code of Laws and regulations adopted thereunder, and developing a storm water
pollution prevention plan approved by the Water Resources Manager, (b) Regulated activities
include all: (1) new developments; and (2) re-developments, (c) Obtaining a permit from the
Lummi Planning Department does not waive the necessity of obtaining the appropriate permits
from the U.S. Army Corps of Engineers and/or the U.S. Environmental Protection Agency or
other appropriate permits as required.258

When storm water discharges directly or indirectly through a conveyance system into a wetland,
the following additional requirements must be met: (1) Storm water discharges to wetlands must
be controlled and treated to the extent necessary to meet appropriate water quality standards. (2)
Discharges to wetlands shall maintain the hydroperiod and flows of existing site conditions to the
extent necessary to protect the characteristic functions of the wetland. (3) Created wetlands that
are intended to mitigate for loss of wetland acreage, function, and value shall not be designed to
also treat storm water.259

All large development projects will conduct an analysis of off-site water quality impacts
resulting from the project and shall mitigate these impacts. The analysis will extend a minimum
of one-fourth mile downstream from the project. The existing or potential impacts to be
evaluated and mitigated include, but are not limited to, excessive sedimentation, streambank
erosion, discharges to ground water or recharge areas, violations of water quality standards, and
spills and discharges of priority pollutants identified under Section 307(a) of the Federal Clean
Water Act.260

402-like Ordinance

The primary means to be used for controlling point source waste discharges shall be through the
issuance of waste discharge permits, in compliance with 17 LAR 07.090 (Mixing Zones) and 17
LAR 07.190 (Implementation) as provided for in the Lummi Code of Laws Water Resources
Protection Code (Title 17) as amended and Section 402 of the Clean Water Act (33 U.S.C.
1342).261

404-like Ordinance

Permit Required for Activities in Streams, Wetlands, and Their Buffers, (a) No activity or
development shall be allowed on streams, wetlands, or their buffers within the Lummi
Reservation and trust lands without a permit issued by the Lummi Planning Department unless
the activity is specifically exempted or allowed in this Chapter. Permits may be issued with
conditions or may require mitigation for activities affecting streams or wetlands within the
Lummi Reservation or trust lands, (b) All lands lying within the boundaries of the Lummi
Reservation and trust lands fall under the jurisdiction of the Lummi Nation and the requirements

257	Lummi Tribe Water Resources Protection Code, Chapter 17.08, Prohibited Acts, Enforcement, Review, and Appeals, Section
17.08.010(f) (only relevant portions cited).

258	Id. at Chapter 17.05, Stormwater Management, Section 17.05.020.

259	Id. at Section 17.05.060(f).

260	Id. at Section 17.05.060(g).

261	Lummi Tribe Water Quality Standards 17 LAR 07.190(c).	

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of this Chapter, including lands owned by the LIBC, lands held in trust, fee lands owned by tribal
members, and fee lands owned by non-tribal members.262

Regulated Activities. A permit shall be obtained from the Lummi Planning Department before
undertaking any of the following (or similar) activities in a stream, stream bank, or wetland: (a)
the removal, excavation, grading, or dredging of soil, sand, organic matter, or material of any
kind; (b) the dumping, discharging, or filling with any material; (c) the draining, flooding, or
disturbing of the water level or water table; (d) the placing of obstructions; (e) the removal or
alteration of beaver dams; (f) the construction, reconstruction, expansion, or demolition of any
structure, road, or utility; (g) the destruction or alteration of vegetation (e.g., through clearing,
harvesting, shading, intentional burning, or planting of vegetation that would alter the character
of a wetland) which substantially changes the vegetation, topography, or hydrology; or (h)
activities that would result in the introduction of sediment, excess nutrients, or pollutants or in a
change in the physical or chemical characteristics of wetland water, including quantity.263
Stream Buffers. Buffers shall be established around all streams as follows: (a) Category 1: all
streams shall have a minimum of a one hundred (100) foot buffer of natural vegetation on both
sides of the channel. The buffer width shall be a horizontal distance measured from the ordinary
high water mark of the stream channel. No septic systems shall be placed within two hundred
(200) feet of a Category 1 stream, (b) Category 2: all streams shall have a minimum of a twenty-
five (25) foot buffer of natural vegetation on both sides of the channel. The buffer width shall be
a horizontal distance measured from the ordinary high water mark of the stream channel. No
septic systems shall be placed within one hundred (100) feet of a Category 2 stream, (c) All
stream stretches constrained by riparian wetlands shall have the appropriate wetland-buffer width
applied within such a stretch unless the stream-buffer width is greater.264

Statements of cultural or spiritual significance of water resources

The tidelands are an economically and culturally critical resource that includes salmon habitat,
shellfish, extensive eel grass beds, herring spawning grounds, surf smelt, sand lance, wildlife,
and water supply intakes for salmon and shellfish hatcheries.265

Streams and wetlands provide a number of benefits to the Lummi Nation, including fish habitat;
habitat for migratory birds, amphibians such as frogs and salamanders, and other wildlife;
cultural plants and other cultural practices and properties; providing recharge water to ground-
water aquifers; preventing saltwater intrusion; improving water quality; providing water to
streams during summer low flows; holding flood and storm waters; and recreational and
educational opportunities.266

All water that flows through or falls onto the Reservation discharges to resource-rich tidelands
and estuaries of the Reservation and/or contributes to aquifer recharge on the Reservation. The
estuaries and tidelands of the Reservation (including the overlying waters) support a diverse
assemblage of flora, fauna, and habitats such as eelgrass, shellfish, and salmonid rearing areas.
The quality of the resources associated with the estuaries and tidelands affects the political

262	Lummi Tribe Water Resources Protection Code, Chapter 17.06 Stream and Wetland Management, Section 17.06.020; see
also: Lummi Administrative Regulation Wetland Management Regulations, 17 LAR 06.

263	Id. at Section 17.06.030.

264	Id. at Section 17.06.090.

265	Id. at Chapter 17.05 Storm Water Management, Section 17.05.010(b).

266	Id. at Chapter 17.06, Stream and Wetland Management, Section 17.06.010(a).	

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integrity, economic security, health, and welfare of the Lummi Nation as well as subsistence,
cultural, commercial, and other uses by tribal members.267

"Tribal Cultural water use" means use of water in a water body to fulfill cultural, traditional,
spiritual, or religious needs of the Lummi Nation or its members, as approved by the Lummi
Nation Cultural Committee.268

47. Makah Indian Tribe
Definition of "waters of the tribe"

"Surface waters of the tribe" include lakes, rivers, ponds, streams (including intermittent and
ephemeral streams), wetlands, inland waters, saltwater, and all other surface waters and
watercourses within the exterior boundaries of the reservation.269

Definition of "wetlands"

"Wetland" means any area that is inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal circumstances does support,
a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas.270

Other Definitions

"Permit" means a document issued pursuant to tribal code or federal laws (such as NPDES;
CWA, Section 401; CWA, Section 404) specifying the waste treatment and control requirements
and waste discharge conditions.271

"Pollutant" includes, but is not limited to dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended
(42 USC 2011 et seq.)), heat, wrecked or discarded equipment, oil, mine tailings, rock, sand,
cellar dirt and industrial, municipal, and agricultural waste discharged into water.272

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on December 23, 2003.273
Initial water quality standards were approved by EPA on September 29, 2006.

401 Certification

Found eligible to administer a water quality certification program (TAS) on December 23, 2003.
Statements of cultural or spiritual significance of wetlands

"Ceremonial and spiritual water use" means activities involving Native American spiritual and
cultural practices that may involve primary and secondary contact with water as well as
consumption of water. This shall include uses of a water body to fulfill cultural, traditional,

267	Id. at Chapter 17.07 Water Quality Standards, Section 17.07.010(a).

268	Lummi Tribe Water Quality Standards 17 LAR 07.020.

269	Makah Tribe Water Quality Standards for Surface Water, Part I, Section 2.

270	Id.

271	Id.

212 Id.

273 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-makah-indian-nation.	

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spiritual, or religious needs of the Makah Indian Tribe, as approved by the Makah Tribal
Council.274

48. Menominee India e
Definition of "navigable waters"

"Navigable waters" means waters with beds and banks and sufficiently deep and wide for
navigation with a canoe or other small craft. Navigable waters of the United States are those
waters that are subject to the ebb and flow of the tide and/or are presently used, or have been
used in the past, or may be susceptible for use to transport tribal, interstate or foreign commerce
or other intermittent waterways that may be deemed by the Director to fulfill purposes of
navigation. A determination of navigability, once made, applies laterally over the entire surface
of the water body and is not extinguished by other actions or events which impede or destroy the
navigable capacity.275

Definition of "waters of the Reservation"

"Waters of the reservation" mean such accumulations of water, surface and underground, natural
and artificial, public and private, or parts thereof, which are wholly or partially within, flow
through, or border upon the Menominee Reservation, but the term does not include any private
or municipal pond, or any pond, reservoir or facility built for reduction or control of pollution or
cooling of water prior to discharge unless the discharge therefrom causes or threatens to cause
water pollution.276

Definition of "wetlands"

"Wetlands" means areas that are inundated or saturated by surface water or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated (hydric) soil conditions. Wetlands
generally include, but are not limited to, swamps, marshes, bogs, and similar areas.277

Other Definitions

"Discharge of a pollutant" means any addition of any pollutant or combination of pollutants to
waters of the Menominee Indian Tribe of Wisconsin from any point source. This definition
includes additions of pollutants into waters of the Menominee Indian Tribe of Wisconsin from
surface runoff which is collected or channelled [sic] by man; discharges through pipes, sewers,
or other conveyances owned by a state, municipality, or other person which do not lead to a
treatment works; and discharges through pipes, sewers, or other conveyances leading into
privately owned treatment works..278

"OMRW" means outstanding Menominee resource water; see Article VI.279
"ONRW" means outstanding national resource water; see Article VI.280

274	Makah Tribe Water Quality Standards for Surface Water, Part I, Section 2. Available at:
https: //www.epa. gov/ sites/production/files/2014-12/documents/makah-tribe-wq s.pdf.

275	Menominee Indian Tribe of Wisconsin Tribal Code, Part II General Legislation, Chapter 512 Surface Water, Article I, Section
512-5. Available at: https://www.ecode360.com/12096674.

276	Id.

277	Id.

21sId.

279 Id.

2S0Id.	

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"Pollutant" means dredged spoil, solid waste, incinerator residue, filter backwash, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials, all radioactive
materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, nutrients, toxic
substances, pesticides, and industrial, municipal, and agricultural waste (and their components
and breakdown products) discharged into water or entering through other means.281
"Unauthorized discharge of substances" means chemicals, toxic substances, hazardous
substances or wastes, components of industrial discharge(s), heavy metals, organic compounds,
pesticides, discharge(s), loadings, or other pollutants that enter ONRW or affect OMRW
designated waters of the Reservation without prior issuance of a tribal water permit.282

402-like and 404-like Ordinance

All activities that affect water quality, water quantity, and uses of waters of the Reservation shall
be regulated by the Tribe. This chapter prohibits unauthorized discharges of substances to waters
and wetlands of the Menominee Indian Reservation and regulates water quality, water quantity,
and activities that affect water quality, water quantity, and uses of waters of the Reservation.283
Activities that require a tribal water permit include but are not limited to the following:

(1)	New or increased discharges to waters that will affect OMRW designated waters
of the Reservation.

(2)	Existing discharges that enter ONRW designated waters of the Reservation.

(3)	New or existing hydrological modifications that affect waters of the Reservation;
this shall include dams, impoundments, and other structures that affect water
quality criteria and/or affect the nature of the waters so as to prohibit the natural
spawning runs and other migrational patterns of indigenous fish.

(4)	Shoreline disturbance activities that may affect the beds and banks of waters of
the Reservation; these activities include many types of shoreland construction,
e.g., placement of a seawall or riprap for erosion protection and placement of boat
ramps to facilitate the launch or retrieval of watercraft, provided that such boat
ramps are deemed to present a potential significant impact to tribal waters in the
opinion of the Director.

(5)	Stream crossing activities, including skidding trails and bridge and culvert
placement, improvement, or replacement and fill placed in wetlands and water
bodies in conjunction with the improvement or replacement of bridge and culvert
crossings for municipal, township, county, state, tribal, or federal projects. The
replacement of historic bridges must be coordinated with the Tribal Department
of Historic Preservation. In addition, the existing structure must be removed and
the replacement must be constructed on the same or similar alignment with
hydraulic capacity that is consistent with the tribal and federal regulations and
requirements. The placement of fill material into wetlands is authorized for
widening of the road approaches to conform to the width or alignment of the new
structure. All excess material must be placed at an upland location. If the project
involves changing the channel of a river, creek, or stream, then additional
requirements may be applied. These activities also include the installation and

281 id.

2S2id.

283 Id. at Article I, Section 512-1. A.	

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removal of submerged utility line crossings; additionally, the following special
conditions must be met:

(a)	Utility lines placed across the channel of an authorized federal navigation
project must be embedded at least six feet below the authorized channel
depth, or to a lesser depth if approved by the Corps of Engineers.

(b)	Dredged or fill material may be placed as backfill or bedding, regulated by
the Tribe, so long as there is no change in preconstruction bottom
contours. Excess fill must be removed to an upland disposal area.

(c)	The utility line must not be placed within 500 feet of a levee or flood wall
constructed and/or maintained with federal funds.

(d)	Utility crossings involving pipelines must comply with Federal
Department of Transportation regulations for installation of pipelines.

(e)	All utility lines transporting oil, gas, or other pollutive substances must be
equipped with shutoff valves at the upland edge of the water crossing to
prevent unnecessary pollution of waters in the event of pipeline failure.

(6)	Placement of fish barrier structures that prevent the upstream and/or downstream
movement of fish, often associated with impoundment structures.

(7)	Dredging activities that include the removal, by suction, scooping or scraping
devices, of materials channelward of the ordinary high-water mark from
navigable waters, provided that all dredged materials are placed on an upland site,
not a wetland, and above the ordinary high-water mark.

(8)	Placement of new and existing dry fire hydrants that include an intake structure
and pipe in or on the bed and banks of water bodies for the purpose of
constructing a dry fire hydrant to supply water for firefighting purposes.

(9)	Withdrawal of water from (surface) waters of the Reservation. Persons who want
to withdraw surface waters from waters of the Reservation shall be restricted to
quantity limitations and must obtain a tribal water permit from the Tribe.
Typically, persons wishing to withdraw surface water from waters of the
Reservation will submit a permit application to the Tribe and shall be limited to
the following minimum requirements if a permit is issued:

(a)	Withdrawal of 25,000 gallons or less of surface water per day from rivers
and 1,000 gallons or less per day from lakes (note: withdrawal of water for
emergency fire situations is exempt from these requirements).

(b)	Withdrawal of surface water by persons shall not adversely affect the
quantity of surface water available to any other person, facility, practice or
activity. The Department will evaluate each withdrawal for appropriate
flows based on existing or acquired flow data. Based on each evaluation,
including applications in excess of the above limits, a percentage of the
total flow may be permitted to be withdrawn but shall not cause a
violation of the use designations or water quality standards of this chapter.
Surface water extraction which results in the latter person, facility,
practice or activity not being able to obtain sufficient surface water shall
constitute adverse effect.

(c)	Withdrawal of surface water by persons, facilities, practices, or activities
shall not cause a violation of the use designations or water quality
standards of this chapter.

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(d) Persons who propose to withdraw surface water shall submit a feasibility
report to the Tribe which documents the quantity of surface water intended
to be extracted per day and other relevant narrative and plan drawing
information. No facility, practice or activity shall be undertaken until
approval of a feasibility report is obtained from the Tribe and a tribal
water permit is issued.

(10) Dredging and filling of wetlands that affect waters of the Reservation.

(11) The application of pesticides within 200 feet of waters of the Reservation.

Note: Certain activities listed in Subsection C(l) to (11) may require additional
permits and/or certification. Such additional permits and certifications shall be
obtained by the applicant prior to issuance of a tribal water permit.284

Statements of cultural or spiritual significance of wetlands and water resources
Ceremonial, religious and spiritual use is a designated use under the tribe's water quality
standards: All waters of the Reservation are used for ceremonial and spiritual purposes by tribal
members (and descendants). The Tribe holds water sacred, and our historic past epitomizes this
statement. The original five clans of the Menominee, consisting of the Bear, Eagle, Wolf, Crane,
and Moose, depended on water to sustain life and used water to perform their ceremonial
responsibilities. Additional historic and modern ceremonial uses of water include, but are not
limited to, uses in the annual Sturgeon Ceremony, wild rice harvest, and the harvesting of
medicinal plants from waters of the Reservation. Traditional religious use of water in Big Drum
Ceremonies, the sweat lodge, and other ceremonies is (still) practiced today. These uses may
involve, among other things, primary direct contact, drinking and inhalation of water.
Recognizing the ceremonial and traditional use of water and its life-giving properties is
important for the spiritual significance of the Menominee people.285
Cultural use is a designated use under the tribe's water quality standards: All waters of the
Reservation, and aquatic natural resources, are designated for historic, traditional, and cultural
uses. Cultural water uses encompass all ethnohydrological uses of water associated with unique
Menominee ways of life. These uses include, but are not limited to, the ethnobotanical harvest
and medicinal use of numerous plants associated with aquatic, wetland, and riparian habitats, as
well as basic socioeconomic uses of waters of the Reservation for sustenance. Aquatic plants that
grow in waters of the Reservation are vital to continuation of Menominee culture through the use
of those plants for medicinal purposes by Menominee people.

All living things on the Menominee Reservation in some way use the waters of the Reservation
to sustain life. People, animals, birds, plants, trees, and insects use water and have their place in
Menominee culture.

Waters of the Reservation shall be maintained and protected in such an ecological condition that
will allow (traditional) Menominee educational uses associated with waters of the Reservation to
continue perpetually.

Cultural educational uses shall include, but not be limited to, ethnohydrological learning
experiences that are passed from one generation to the next regarding the harvest of plants and
animals. Culturally, to the Menominee people, waters of the Reservation are as significant as the
forest ecosystem and will continue to be regarded with the same deference. The Tribe protects
the forest ecosystem with sustained yield forestry management practices; this same (everlasting)
treatment shall be afforded waters of the Reservation, for it is the very essence of sustaining life

284 Id. at Article II, Section 512-32.C (citations omitted). Available at: https://www.ecode360.com/12096785.

285 Id. at Article II, Section 512-7.C.

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which is critical to maintaining the culture of the Menominee people. Cultural uses are very
significant to the Tribe, indigenous forest-dwelling people that have for more than five millennia
relied upon the water in the Tribe's historic range to sustain unique Menominee ways of life.286

49. Miceosukee Tribe of Indians

Definition of "waters of the tribe"

"Tribal Reservation Surface Waters" means all waters within the exterior boundaries of the
Miceosukee Indian Federal Reservation, Miceosukee Reserved Area, Sherrod Ranch, Cherry
Ranch, SEMA, Lambick, and Coral Way properties, and the Tamiami Trail, Dade Corners and
Krome Avenue Reservations, including water situated wholly or partly within, or bordering upon
Tribal properties, whether public, private, or Federally protected lands, e.g., National Parks or
Preserves.287

Definition of "wetlands"

"Wetlands" means those areas that are inundated or saturated by surface or groundwater at a
frequency and duration sufficient to support, and that are under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and similar areas.288

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on December 20, 1994.
The tribe's initial water quality standards were approved on May 25, 1999, with additional
standards approved for the Miceosukee Reserve Area on March 15, 2001.289
A second supplemental application was approved on September 30, 2020.

401 Certification

Found eligible to administer a water quality standards program (TAS) on December 20, 1994.
Other Definitions

"Point source" means any discernible, confined, and discrete conveyance from which pollutants
are or may be discharged into a water body, such as effluents from publicly owned treatment
works (POTW), slaughter houses, paint industry etc.; does not include return flows from
irrigated agriculture.290

"Pollution" means any man-made or man-induced alteration of the physical, chemical, biological
or radiological integrity of water.291

Statements of cultural or spiritual significance of water resources

The Tribe has established designated uses for cultural activities for certain surface waters.292

286 Id. at Article II, Section 512-7.D.

287 Miceosukee Tribe of Indians of Florida, Miceosukee Environmental Protection Code Subtitle B, Water Quality Standards for
Surface Waters of the Miceosukee Tribe of Indians, March 3, 2021, Section l.B. Available at„

https: //www.epa. gov/ sites/default/files/2014-12/documents/miccosukee.pdf.

288 Id. at Section 8.

289 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-miccosukee-tribe-indians-florida.

290 Miceosukee Tribe of Indians of Florida, Miceosukee Environmental Protection Code Subtitle B, Water Quality Standards for
Surface Waters of the Miceosukee Tribe of Indians, March 3, 2021, Section 8.

291 Id.

292 Id. at Section 5.

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Other Novel Protections

The Tribe's policy section states that their water quality standards provide that contamination
that may result from the use of water shall not lower the quality of the water below that which is
required for recreation and protection and propagation of fish, shellfish, wildlife, and native
aquatic plants consistent with preservation of the Everglades Ecosystem within Water
Conservation Area 3A (WCA 3A) and Everglades National Park.293
The Tribe's general water quality standards apply to wetlands.294

5 0. M oh egan Tri be of I n di an s of Con n ecti cut

311-like Ordinance

The Mohegan Tribal Council hereby adopts and incorporates by reference, as if laid out here in
full, all the substantive provisions of the United States Federal Water Pollution Control Act,
Clean Water Act, Oil Pollution Control Act which are in effect for existing sources, operations
and new construction projects on the Mohegan Indian Reservation.295

The Mohegan Tribal Council hereby adopts and incorporates by reference, as if laid out here in
full, the applicable sections of the following substantive federal regulations as Mohegan tribal
regulations: (1) 40 CFR 110 Discharge of Oil; (2)

40 CFR 112 Oil Pollution Prevention; (3) 40 CFR 116 Designation of Hazardous
Substances; (4) 40 CFR 117 Determination of Reportable Quantities for Hazardous
Substances.296

402-like Ordinance

The Mohegan Tribal Council hereby adopts and incorporates by reference, as if laid out here in
full, all the substantive provisions of the United States Federal Water Pollution Control Act,
Clean Water Act, Oil Pollution Control Act which are in effect for existing sources, operations
and new construction projects on the Mohegan Indian Reservation.297

The Tribe adopts and incorporates by reference, as if laid out here in full, the applicable sections
of the following substantive federal regulations as Mohegan tribal regulations: (5) 40 CFR 122
EPA Administered Permit Programs: The National Pollutant Discharge Elimination System; (6)
40 CFR 123 State Programs; (7) 40 CFR 125 Criteria and standards for the national pollutant
discharge elimination system.298

The Mohegan Tribal Council hereby adopts and incorporates by reference, as if laid out here in
full, all the substantive provisions listed below of the State of Connecticut Department of
Environmental Protection (CTDEP) Water Regulations as the Mohegan Environmental
Protection Department (MEPD) Water Regulations governing environmental protection within
the Mohegan Indian Reservation as Mohegan tribal regulations. (2) Delegation of Permitting
Authority for Water Pollution Control and Exemption from Public Notice 22a-430-l through 2;

293	Id. at Section 1 .D.

294	Id. at Section 1 .H.

295	Mohegan Tribe of Indians Code, Part II, Chapter 5, Article X Environmental Protection Department, Section 5-211(a) (only
relevant portions cited). Available at:

https://librarv.municode.com/tribes and tribal nations/mohegan tribe/codes/code of laws?nodeId=PTIIMOTRINCO CH5HES
AWE ARTXENPRDE S5-2Q8ESMOENPRCO.

296	Id. at Section 5-211(b) (only relevant portions cited).

297	Id. at Section 5-211(a) (only relevant portions cited).

298	Id. at Section 5-211(b) (only relevant portions cited).	

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(3) General Conditions Applicable to Water Discharge Permits and Procedures and Criteria for
Issuing Water Discharge Permits 22a-430-3 through 4.

404-like Ordinance

The Mohegan Tribal Council hereby adopts and incorporates by reference, as if laid out here in
full, all the substantive provisions of the United States Federal Water Pollution Control Act,
Clean Water Act, Oil Pollution Control Act which are in effect for existing sources, operations
and new construction projects on the Mohegan Indian Reservation.299

The Mohegan Tribal Council hereby adopts and incorporates by reference, as if laid out here in
full, the applicable sections of the following substantive federal regulations as Mohegan tribal
regulations: (11) 40 CFR 233 404 State program regulations.300

The Mohegan Tribal Council hereby adopts and incorporates by reference, as if laid out here in
full, all the substantive provisions listed below of the State of Connecticut Department of
Environmental Protection (CTDEP) Water Regulations as the Mohegan Environmental
Protection Department (MEPD) Water Regulations governing environmental protection within
the Mohegan Indian Reservation as Mohegan tribal regulations. (4) Inland Wetlands and
Watercourses 22a-39-l through 22a-39-15; (6) Tidal Wetlands 22a-30-l through 22a-30-17.301

Other Novel Protections

The Mohegan Tribal Council hereby adopts and incorporates by reference, as if laid out here in
full, all the substantive provisions listed below of the State of Connecticut Department of
Environmental Protection (CTDEP) Water Regulations as the Mohegan Environmental
Protection Department (MEPD) Water Regulations governing environmental protection within
the Mohegan Indian Reservation as Mohegan tribal regulations. (1) Aquifer Protection Area
Land Use Regulations 22a-354i-l through 10;(5) Sewage System Additives and Detergents 22a-
462-1 through 3; (7) Water Diversion 22a-372-l, 22a-377(b)-l, 22a-377(c)-l, 22a-377(c)-2.302
Subsection (h) directs the more stringent or specific requirements to apply in the case of conflict.
Subsection (j) notes that the Mohegan Tribe's Water Law and Regulations automatically update
to match the most recent federal and state303 law and regulations.

~roilgo Band of Mission Indians
303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on April 3, 2018.304
Initial water quality standards have not yet been approved by EPA.

401 Certification

Found eligible to administer a water quality certification program (TAS) on April 3, 2018.

jo Nation
Definition of "navigable waters"

299	Id. at Section 5-211(a), only relevant portions cited.

300	Id. at Section 5-211(b), only relevant portions cited.

301	Id. at Section 5-211(d), only relevant portions cited.

302	Id. at Section 5-211(d), only relevant portions cited.

303	Id. at Section 5-211(h) and (j).

304	https://www.epa.gov/wqs-tech/epa-actions-tribal-water-qualitv-standards-and-contacts.	

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"Navigable waters" means waters of the Navajo Nation.305

Definition of "waters of the Nation"

"Waters of the Navajo Nation" means all surface waters, including but not limited to portions of
rivers, streams (including perennial, intermittent and ephemeral streams and their tributaries),
lakes, ponds, dry washes, marshes, waterways, wetlands, mudflats, sandflats, sloughs, prairie
potholes, wet meadows, playa lakes, impoundments, riparian areas, springs, and all other bodies
or accumulations of water, surface, natural or artificial, public or private, including those dry
during part of the year, that are within or border the Navajo Nation. This definition shall be
interpreted as broadly as possible to include all waters that are currently used, were used in the
past, or may be susceptible to use in interstate, intertribal, or foreign commerce. Consistent with
federal requirements, the Director may exclude from waters of the Navajo Nation certain waste
treatment systems.306

Definition of "wetlands"

"Wetlands" means those areas that are inundated or saturated by surface water or groundwater at
a frequency and duration to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas.307

Other Definitions

"Discharge of pollutant(s)" means any addition of any pollutant to navigable waters from any

ino

point source.

"Waste" or "pollutant" means dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive
materials (except those regulated under the Atomic Energy Act of 1954, as amended), heat,
wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and
agricultural waste discharged into water. This term does not mean (A) "sewage from vessels"
within the meaning of section 312 of the Clean Water Act; or (B) water, gas, or other material
which is injected into a well to facilitate production of oil or gas, or water derived in association
with oil or gas production and disposed of in a well, if the well used either to facilitate
production or for disposal purposes is approved by authority of the Navajo Nation, and the
Navajo Nation determines that "Pollutant" means dredged spoil, solid waste, incinerator residue,
filter backwash, sewage, garbage, sewerage sludge, munitions, chemical wastes, biological
materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954 as
amended (42 U.S.C 2011 et. seq.,) heat, wrecked or discarded equipment, rock, sand, cellar dirt,
and industrial, municipal and agricultural waste discharged into the waters of the Reservation,
including discharges of storm water that result in deleterious alterations of the hydrology and
morphology of waters of the Reservation.309

305	Navajo Nation Code, Title 4 Environmental Protection, Navajo Clean Water Act Section 102(a)(21). Available at:
http://www.navaiopublicwater.org/NNCleanWaterAct.pdf.

306	Id. at Section 102(a)(43).

307	Id. at Section 102(a)(44).

308	Id. at Section 102(a)(9).

309	Id. at Section 409.3-l(k).	

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402-like Ordinance

The Department may issue general orders applicable throughout the Reservation for the
construction, installation, use and operation of practicable and available systems, methods and
means for preventing and abating pollution of the waters of the Oneida Reservation. Such
general orders and rules shall be issued only after an opportunity to be heard thereon has been
afforded to interested parties by means of a public hearing. The Department shall, when
appropriate, consult with other tribal departments and entities having particular expertise in the
subject matter of the order.310

The Department may enter into agreements with the responsible authorities of the state or any of
its political subdivisions, subject to approval by the Board and the Oneida Business Committee,
relative to methods, means and measures to be employed to control pollution of any inter-
jurisdiction streams and other waters and to carry out such agreement by appropriate general and
special orders. This power shall not be deemed to extend to the modification of any agreement
with the state or any political subdivision thereof concluded by direct legislative act of the
Oneida Business Committee or the Oneida General Tribal Council.311
(a) The Department shall require that all persons discharging any substance to waters of the
Reservation requiring a permit under the Federal Water Pollution Control Act, 33 U.S.C. 1251,
et sec/., report the manner used, amount used, and amount discharged to the waters of the
Reservation for each substance. The Department may verify reports received by field monitoring
of any discharge, (b) The Department may establish minimum effluent volumes for which
reports are required under this Section, (c) Wastewater Discharge Environmental Fee: Beginning
in 1997, there is established a Wastewater Discharge Environmental Fee. This fee shall be paid
by each person required by Section 409.6-1 to report a discharge. In 1997, the fee under this
Section shall be based on an administrative fee.. .plus an additional fee, to be set by the
Department by rule and to be based on the concentration or quantity or both of pollutants
discharged, (d) Violators of the reporting requirement established under Section 409.6-1 shall
forfeit not less than $100 nor more than $5,000 for each offense. Each day of continued violation
is a separate offense.312

Other Novel Protections

Land Use Permit. The purpose of a land use permit is to ensure that the proposed disturbance of
the land is compliant with applicable law. (a) A land use permit is required before: (1) Any
structure, other than a building, is erected, moved, or structurally altered. (2) A restoration
project is initiated. This includes wetland restoration and stream bank enhancement. (3) Best
management practices are implemented. (4) Any land is disturbed. This does not include: (A)
Cropping or planting trees or vegetation. (B) Habitat enhancement activities, such as invasive
species control and wildlife plantings. (C) Maintenance of a structure or land use that has been
approved pursuant to a previously issued land use permit, (b) Standards Attached to Permits. In
granting a land use permit for filling, grading, lagooning, dredging, or excavating, the following
considerations shall be addressed and standards shall be attached to the permit where
applicable... (5) Fill materials shall not restrict floodway or appreciably reduce the storage
capacity of the floodplain. (6) Sides of a channel or artificial waterway shall be stabilized to
prevent slumping. (7) Sides of a channel or artificial waterway shall be constructed with

310 Id. at Section 409.4-4.

311 Id. at Section 409.4-7.

312 Id. at 409.6-1.

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horizontal to vertical side slopes of 3:1 or flatter in sand or gravel, 1:1 or flatter in organic soils,
and 2:1 or flatter in other soils, unless bulkheads or riprapping are provided. 313
The Department may order or cause the abatement of pollution of waters of the Reservation
which the Department has determined to be significant and caused by a nonpoint source, as
defined in Section 409.3-7, including pollution which causes the violation of a water quality
standard, pollution which generally impairs the aquatic habitat or organisms, pollution which
restricts navigation due to sedimentation, pollution which is deleterious to human health,
pollution which interferes with cultural or religious uses of waters of the Reservation, or
pollution which otherwise significantly impairs water quality. Any and all orders of the
Department issued under this Section shall be consistent with the goals and objectives of the
Duck-Apple-Ashwaubenon Creeks Priority Watershed Project or such other priority watershed
projects as may be designated under Section 409.4-11. Participation by a person in a designated
priority watershed project and the compliance by that person with any and all criteria established
by said priority watershed project shall entitle the person to a rebuttable presumption of
compliance with the requirements of this Section (emphasis added).314
Non-Point Source Pollution. Erosion, sedimentation, or any non-point source pollution during
and after any land disturbance shall not exceed that which would occur if the land was left in its
undisturbed state and/or was controlled in accordance with the practices established in this
section, (a) Practices to control non-point source pollution are expressed in terms of performance
and include the following:315

Protected Area District Overlay (E-l). The purposes of the Protected Area District Overlay are to
preserve ecological relationships, natural resources, and aesthetic, cultural and historical values;
and to protect the health and integrity of wetlands, watersheds, natural systems, environmental
corridors, capacities of floodways and drainages, and other areas of significance, such as
historical and cultural sites. Permitted uses in the Protected Area District Overlay of the
Reservation shall be planned and managed in a manner to minimize, insofar as practicable, any
resultant damage to the ecology, environment and capacities of natural systems; and the long
term health and preservation of cultural historical resources of the Reservation.

This district overlay shall extend over: (1) All navigable waters, drainage ways, shoreland areas
and floodplains. (2) Habitats of endangered or threatened species as defined by federal or state
law. (3) Historical, cultural or archeological resources, as defined by Tribal law.

Permitted Uses. (1) Any use permitted within the Conservancy District.

Conditional Uses. (1) Any activity within a shoreland area, other than a permitted use. (2) Non-
structural industrial or commercial uses such as loading areas, parking areas, and airport landing
strips. (3) Private and public uses such as: golf courses, tennis courts, driving ranges, archery
ranges, game farms, fish hatcheries, shooting preserves, target, trap and skeet ranges, hiking
trails, bridle trails and bike paths. (4) Residential uses such as: lawns, gardens, parking areas, and
play areas. (5) Uses or structures accessory to open space. (6) Uses or structures accessory to
permitted uses. (7) Sewage treatment plants. (8) Ponds, if in the floodplain. (9) Additional uses
as approved by the Land Commission

Prohibited Uses. Every use not listed above is a prohibited use, except as may be approved by

the Land Commission as a conditional use.

Standards.

313 Id. at Section 605.10-1 (only relevant portions cited).

314 Id. at 409.4-12.

315 Id. at 605.12-1.

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Setbacks. (A) All structures, except structures which have a function which makes it necessary
for an on or near water location (e.g., boathouses and bridges) or are otherwise regulated within
this law, shall be at least seventy-five (75) feet from the ordinary high-water mark of navigable
waters or a drainage way. (B) On-site sewage disposal systems shall be at least fifty (50) feet
from the ordinary high-water mark of navigable waters or a drainage way. (C) Setbacks for
pastures and agricultural uses, such as cultivating, cropping, fertilizing and applying pesticides:
thirty-five (35) feet from the ordinary high-water mark. (D) Setbacks for feedlots and barnyards:
one hundred (100) feet from the ordinary high-water mark. (E) Setbacks for waste disposal or the
storage of scrap materials, byproducts, raw materials, or marginal products such as fill material,
pulp wood, sand and gravel: one hundred (100) feet from the ordinary high-water mark.

All roads, bridges and railroads shall only cross navigable waters or drainage ways upon
issuance of a permit. All such construction shall minimize the area affected and vegetation and
environmental damage (e.g., siltation, destruction of natural vegetation, degradation of
aesthetics) to navigable waters and drainage ways and the lands adjacent to them. All waterway
crossings shall minimize obstruction to water flow. Roads, bridges and railroads: (A) Shall have
adequate flood proofing measures provided to a height at or above the flood protection elevation.
(B) Shall be constructed to minimize any increase in the one hundred year flood elevation. No
increase in the one hundred year flood elevation shall exceed one-tenth (0.1) of a foot. Also, no
increase in the one hundred year flood elevation shall be allowed unless appropriate
arrangements are made with all affected parties.

Removal of shorecover shall be conducted in accordance with any applicable Tribal law.
The following non-conforming uses which were in existence at the time of the original adoption
of this law shall conform to the provisions of this law within three (3) years following the date
each case is recorded as a non-conforming use: (A) Setbacks for pastures. (B) Setbacks for any
agricultural uses. (C) Setbacks for feedlots and barnyards. (D) Setbacks for waste disposal or the
storage of other materials, as covered in 605.8-3(e)(l)(E).

Floodplains. No structure, fill, deposit, obstruction, or other use may be allowed in the floodplain
which, acting alone or in combination with existing or future uses, unduly affects the capacity of
the floodway, unduly increases flood heights, or unduly diminishes the storage capacity of the
floodplain. (A) Structures in a floodplain: .. .(ii) Shall have a low flood damage potential, (iii)
Shall be constructed and placed on the building site so as to offer minimum obstruction to the
flow of flood waters. Wherever possible, structures shall be constructed with the longitudinal
axis parallel to the direction of flow of flood waters and will be placed with their longitudinal
axes approximately on the same line as those of adjoining structures, (iv) Shall be firmly
anchored to prevent them from being washed away by flood waters, (v) Shall have all service
facilities such as electrical and heating equipment at or above the flood protection elevation. (B)
Compliance with this law shall not be grounds for the removal of lands from the floodplain
unless such lands are filled to a height of at least two (2) feet above the elevation of the one
hundred year flood for the particular area and are contiguous to other lands lying outside the
floodplain. (C) Fill or deposition of materials: (i) Shall be protected against erosion by riprap,
vegetation cover, sheet piling, or a bulkhead (ii) Shall have some beneficial purpose and no more
than is necessary to achieve that purpose shall be deposited, a plan shall be submitted by the
owner showing the uses to which the filled land will be put and the final dimensions of the
proposed fill. (D) All construction and substantial improvements to utilities, sewage disposal
systems, and wells shall be flood proofed at or above the flood protection elevation... (F)
Existing Structures in the Floodplain. No modifications or additions shall be allowed to any

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existing structures which are not in compliance with permitted floodplain standards or uses,
unless such modifications or additions meet all of the following criteria: (i) The modifications or
additions to structures shall not increase the amount of obstruction to flood flows, (ii) Any
addition to a structure shall be flood proofed, by means other than the use of fill, to at or above
the flood protection elevation... (iv) Flood Proofing. Flood proofing measures shall be designed
consistent with an elevation at or above the flood protection elevation to withstand flood
velocities, forces, and other factors associated with flooding. All flood proofing shall provide
anchorage to resist flotation and lateral movement.316

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on January 20, 2006.
Supplemental application approved on May 23, 2019. Initial water quality standards approved by
EPA on April 11, 2006.

401 Certification

Found eligible to administer a water quality certification program (TAS) on January 20, 2006.

Nisqually Inciii 3e
Definition of "waters of the tribe"

Tribal Waters means all streams, lakes, ponds, marshes, salt water, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or
accumulations of water, surface and underground, natural or artificial, public or private, which
are contained within, flow through, or border upon Nisqually Tribal Lands.317

Definition of "wetlands"

Wetlands means those areas that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas. Wetlands shall be divided into the
following categories: (i) Critical Value Wetlands...; (ii) High Value Wetlands...; (iii) Moderate
Value Wetlands...318

Other Definitions

Pollutant means any substance which causes pollution including, but not limited to, dredged
spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, dead
animals, chemical waste, pesticide, biological nutrient, biological material, radioactive material,
heat, wrecked or discarded equipment, oil, battery acid, gasoline, paint, solvents, rock, sand,
sediment or any industrial, municipal, or agricultural waste.319

402-like and 404-like Ordinance

316 Id. at 605.8-3 (only relevant portions cited).

317 Nisqually Indian Tribal Code § 14.02.01 (w) available at http://www.nisquallv-nsn.gov/files/3213/7356/7069/Title 14 -
Environmental and Nat. Resources.pdf.

318 Id. at § 14.02.01 (y).

319 Id. at § 14.02.01 (n).

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Section 14.06 of the Tribal Code sets requirements for excavation/dredging/filling. Relevant
portions include:

•	14.06.01: Waters/Wetlands/Shorelines. No person shall excavate, dredge, fill, drain or
alter the watercourse of any waters, wetlands or shorelines, of the Tribe without the
express written approval of the Tribal Council and all permits required by federal law.
Any person who excavates, dredges, fills, drains or alters the watercourse of any waters,
wetlands or shorelines, of the Tribe without the express written approval of the Tribal
Council and/or without any permit required by the federal government has committed a
class A infraction.320

•	14.06.04: Use of Fill Material. Any person who uses fill material to accommodate any
development activity without certification from a licensed Professional Engineer that
such fill will not alter or prohibit the natural flow of surface or ground water has
committed a class A infraction.321

•	14.06.05: Earth or Construction Debris, (a) Any person who allows earth or construction
debris to enter waters, wetlands or tidelands of the Tribe, or any waters of the United
States, has committed a class A infraction, (b) Any person who buries or disposes of
construction debris at any place other than an approved off-site station or landfill has
committed a class A infraction.322

Other Novel Protections

•	The following buffer requirements are established for streams and wetlands: (A) Class 1
Streams - 200 feet. (B) Class 2 Streams - 50 feet. (C) Critical Value Freshwater
Wetlands - 200 feet. (D) High Value Wetlands - 100 feet. € Moderate Value Wetlands -
50 feet. The following activities are prohibited within a buffer zone: (A) Excavation,
dredging or filling (without the express written approval of the Tribal Council); (B)
Pasturing livestock; (C) Pesticide application; (D) Construction of an on-site sewage
system; (E) Timber or firewood cutting.323

•	Introduction of Fish or Aquatic Organisms. Any person who introduces, or willfully, or
as the result of negligence, allows to be introduced any non-native fish or other aquatic
organisms, or the body parts of such fish or other organisms into the waters, wetlands, or
marshes of the Tribe or into the waters of the United States, without the express written
approval of the Nisqually Natural Resource Department, has committed a class B
infraction.324

•	Clean-up Orders. The Tribe or its authorized representative may issue orders to any
person to clean up any hazardous or toxic substance, pollutant, refuse or garbage which
he, or his employee, or his agent has accidentally or purposely dumped, spilled, or
otherwise deposited in, on or within any lands, wetlands, tidelands, or waters within the
jurisdiction of the Tribe. A Clean-up Order may require that the best available technology
be used to restore the polluted area as near as possible to its original condition.325

320	Id. at § 14.06.01.

321	Id. at § 14.06.04.

322	Id. at § 14.06.05.

323	Id. at § 14.02.01(a).

324	Id. at § 14.13.06.

325	Id. at § 14.16.10.

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Statements of cultural or spiritual significance of water resources

The definition of "critical value wetlands" includes wetlands having cultural and/or spiritual
significance to Nisqually Tribal members.326 The determination of whether an activity will
significantly affect the environment shall be made in the context of Nisqually Tribal culture and
values. Factors to be taken into consideration in evaluating a request or application for
significant effects on the environment include: (a) Whether the activity will adversely affect the
quantity and quality of the fish and shellfish resources of the Tribe; (b) Whether the activity will
adversely affect wildlife and other natural resources of the Tribe including water quality and
quantity; (c) Unique or sensitive characteristics of the geographic or hydrologic area in which the
activity will take place; (d) Whether the activity may adversely affect an endangered or
threatened species or its habitat; (e) Whether the activity may cause loss or destruction of
cultural, historical or scientific resources;... (h) Whether the activity may establish a precedent
for future actions with significant effects;.. .(j) Whether the activity is related to other actions
with individually insignificant but cumulatively significant impacts. If it is reasonable to
anticipate a cumulatively significant impact on the environment, the activity is significant.327

54. Northern Cheyenr >e
303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on August 11, 2006.328
Initial water quality standards approved by EPA on March 21, 2013.

401 Certification

Found eligible to administer a water quality certification program (TAS) on August 11, 2006.

lkay Owr: , , inerly the Pueb Jan Juan)

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on May 12, 1993.329
Initial water quality standards approved by EPA on September 16, 1993.

401 Certification

Found eligible to administer a water quality certification program (TAS) on May 12, 1993.

Mission Indians

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on April 19, 2016.330
Initial water quality standards have not yet been approved by EPA.

326	Id. at § 14.02.01 (y)(i)(D).

327	Id. at § 14.03.03.

328	https: //www, epa. gov/wq s-tech/water-qualitv-standards-regulations-northern-chevenne-tribe-northern-chevenne-reservation.

329	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-ohkav-owingeh-pueblo-fonnerlv-pueblo-san-iuan.

330	https://www.epa.gov/wqs-tech/epa-actions-tribal-water-qualitv-standards-and-contacts.	

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401 Certification

Found eligible to administer a water quality certification program (TAS) on April 19, 2016.

wnee Nation of Oklahoma
Definition of "waters of the Nation"

"Waters of the Pawnee Nation (Nation)" means all streams, lakes, ponds, marshes, navigable and
non-navigable watercourses and waterways, wells, springs, irrigation systems, drainage systems,
storm sewers, wetlands as defined by the Nation, and all other bodies or accumulations of water
including surface and underground, natural or artificial, public or private, which are contained
within, flow through, or border upon the jurisdiction of the Pawnee Nation, including but not
limited to the Pawnee Nation Reservation as established by the Act of April 10, 1876, or any
portion thereof.331

"Pawnee water" means all the waters, surface and ground, supplying, arising upon, occurring
within, flowing through, and bordering upon, the boundaries of the Pawnee Reservation as
established in 1876.332

Definition of "wetlands"

Other Definitions

"Discharge" includes but is not limited to a discharge of a pollutant, and means any addition of
any pollutant to waters within or affecting the Nation's jurisdiction from any point source.334
"Discharge of a pollutant" or "discharge" means any addition of a pollutant or combination of
pollutants to Pawnee waters from any point source.335

"Point source" means any discernible, confined and discrete conveyance or outlet including but
not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure container, rolling
stock or vessel or other floating craft from which pollutants are or may be discharged into waters
within the Nation's jurisdiction. The term "point source" shall not include agricultural storm
water discharge and return flows from irrigated agriculture.336

"Point source" means any discernible, confined, and discrete conveyance, including any pipe,
ditch, channel, tunnel, conduit, container, casing, dam gate or spillway, well, discrete fissure,
container, rolling stock, or vessel or other floating craft, confined animal feeding operations and
landfill leachate collection systems, petroleum production lease lines or underground injection
system lines from which pollutants are or may be discharged.337

"Pollutant" includes but is not limited to dredged soil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials,

331 Pawnee Nation of Oklahoma Law and Order Code, Title XII Natural Resource Protection Act, Section 007(aa). Available at:
https: //www.pawneenation. org/files/documents/Title-XII .pdf.

332 Id. at Section 402(r).

333 Id. at section 502.

334 Id. at Section 007(e).

335 Id. at Section 402(j).

336 Id. at Section 007(r).

337 Id. at Section 402(u).

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heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and
agribusiness waste.338

"Pollution" or "pollutant" means any contamination or alteration of the physical, chemical, or
biological properties of any waters that will render the waters harmful or detrimental to: (1)
Public health, safety, or welfare (2) Domestic, commercial, industrial, agricultural, recreational,
or other legitimate beneficial uses (3) Livestock, wild animals, or birds (4) Fish or other aquatic
life.339

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on November 4, 2004.340
Initial water quality standards have not been approved by EPA.

401 Certification

Found eligible to administer a water quality certification program (TAS) on November 4, 2004.
402-like and 404-like Ordinance

This Chapter asserts the authority of the Pawnee Nation to implement the goals and policies of
the Nation to: (3) Utilize area-wide planning and management to control sewage and other
discharges; (11) Prohibit the discharge of toxic pollutants in toxic amounts and, to the extent
practicable eliminate, or effectively control, the discharge of pollutants from any source; (12)
Require environmental review of proposed activities which may cause individual or cumulative
adverse impacts to water quality, natural resources, public health, lands, recreation, cultural or
historical values, air, quality of life, or other aspects of the Nation's environment; (13) Require
projects to be modified to avoid adverse impacts if possible, to minimize unavoidable impacts,
and provide full mitigation for unavoidable impacts; (14) Prohibit or regulate activities which
may cause or contribute to a violation of this Chapter and applicable water quality standards, or a
violation of federal law.341

Authority of the Department of Environmental Conservation and Safety. The DECS shall have
the authority and the responsibility of the following: (1) Carry out the implementation and
enforcement provisions of this Chapter, including enforcement of civil penalty provisions,
criminal prosecution of violators and such other administrative and judicial relief as may be
appropriate; (2) Administer waste discharge permit system as provided in this Chapter; (3)
Monitor waste discharges and the water resources of the Pawnee Nation; (5) To enter and inspect
at any time and in any manner any open property, premise, or place for the purpose of
investigating any activity causing, threatening or allowing water pollution, or ascertaining
compliance or noncompliance with any rule or order promulgated under this Chapter. Such entry
is also authorized in regulated businesses for the purpose of inspecting and copying records
required to be kept concerning any effluent source; (14) To issue, modify, or revoke permits
pursuant to this Chapter, and to grant or deny variances; (16) Require or conduct monitoring and
testing of waters and discharges, and the submission of reports or laboratory analyses performed
by laboratories or operators; (17) Require the submission of plans, specifications and other data
in connection with the issuance of permits or certifications required pursuant to this article.342

338	Id. at Section 007(s).

339	Id. at Section 402(v).

340	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-pawnee-nation.

341	Pawnee Nation of Oklahoma Law and Order Code, Title XII Natural Resource Protection Act, Section 401(d) (only relevant
portions cited).

342	Id. at Section 403(b) (only relevant portions cited).	

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Authority of the Environmental Regulatory Commission The Commission shall have the
Authority and Responsibility pursuant to this act to: (2) Require the submission of plans,
specifications and other data in connection with the issuance of regulatory permits required
pursuant to this law; Issue, continue in effect, revoke, amend, modify, condition, deny, renew, or
refuse to renew permits, licenses, water quality certifications and other authorizations as issued
by the commission; (3) Establish a schedule of fees for permits, studies, laboratory services or
technical assistance and for recovering copy and other costs in response to open records requests;
(4) Issue, modify, or revoke orders requiring the construction of new disposal or treatment
systems or the modification or extension of existing systems, or the adoption of other remedial
measures to prevent, control or abate pollution.343

Water Pollution Control: The DECS shall develop comprehensive programs for preventing,
reducing, or eliminating the pollution of the waters and ground waters of the Nation. DECS shall
make reasonable efforts to cooperate with neighboring jurisdictions and persons that are affected
by the programs. In the development of such programs due regard shall be given to the
improvements which are necessary to conserve such waters for the protection and propagation of
fish and aquatic life and wildlife, recreational purposes, and the withdrawal of such waters for
public water supply, agricultural, industrial, and other purposes. Programs may include Dredge
or Filled Material (CWA 404 Permits), National Permit Discharge Elimination System (CWA
402 Permits), joint NPDES Permitting, or Tribal Certification of Federal Permits and Licenses.
The Director is authorized to initiate or make joint investigations with any such agencies of the
condition of any waters in any state or Tribe affecting the waters of the Nation, and of the
discharges of any sewage, industrial wastes, or any substance derived from point source or non
point source pollutants which may adversely affect such waters.344

Unlawful Acts-Penalties, (a) Unlawful acts: The following unlawful acts are each a crime and
subject to enforcement provisions of this Law and other laws of the Pawnee Nation, unless the
proper entity has first obtained a permit or written authorization from the Pawnee Nation as
authorized under this Law: (1) It is unlawful for any person to divert, withdraw, or otherwise
make any use of, or take any action of what ever kind substantially affecting, the waters of the
Pawnee Nation unless authorized to do so pursuant to the provision of this law; (2) It is unlawful
to for any person to cause pollution to be introduced into any waters within Pawnee Indian
Country or to place or cause to be placed any contaminant or waste in a location upon the lands
where they are likely to cause pollution of any water within Pawnee Indian Country; (3) It is
unlawful to violate any provision set forth in any permit or certification issued within Pawnee
Indian Country; (7) It is unlawful to construct, modify, or operate any pollution disposal system
within Pawnee Indian Country without having a current permit authorizing such activity; (8) It is
unlawful to construct or use without permit any outlet for the discharge of sewage, industrial
waste, petroleum waste, brine water, or any other pollutant or wastes onto the lands or into any
waters within Pawnee Indian Country; (9) It is unlawful to construct, use, or operate any outlet
used for draining secondary containment of spilled product or contaminated storm water in a
manner which is not permitted or otherwise authorized under 40 CFR Part 112 and the laws and
regulations of the Pawnee nation; (10) It is unlawful to conduct dredge and fill activities in or
adjacent to waters of the Nation or violate any permit provision or condition thereof. (11) It is
unlawful to land apply or dispose of any waste, waste water, or sludge without permit; (14) It is
unlawful to discharge any pollutant on to the land or into Pawnee waters without having first

343	Id. at Section 403(c) (only relevant portions cited).

344	Id. at Section 404. See also Chapter 9 "Pollutant Discharges" for more on permitting (Section 902).	

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obtained a permit from the Pawnee Nation or USEPA for such discharge. Neither a permit issued
pursuant to this Chapter nor an application therefore creates or recognizes a right in the permit
holder or applicant to use Pawnee waters for beneficial purposes or any other property right or
interest.345

Except as otherwise provided in subsection (b) of this section, any point source discharge into
waters of the Nation, or in a place likely to reach waters of the Nation, by or from any facility,
activity, source or entity regulated by the Pawnee Nation, shall be unlawful unless a permit has
first been obtained from the Pawnee Nation.346

Pollution Control: A. No person shall cause pollution of, or discharge pollutants upon the lands
or into the waters of the Pawnee Nation. B. No person shall cause violation of any provision(s)
and/or criteria of water quality standards (in part or otherwise) as contained in the Pawnee
Nation Water Quality Standards. C. No person shall discharge or attempt discharge of other
waters (wastewater or otherwise) without authorization of the DECS or other duly authorized
authority as provided by the Pawnee Nation Natural Resource Protection Act (Title XII, Pawnee
Nation Law and Order Code).347

Other Novel Protections

The Nation has Wetland Water Quality Standard with numeric and narrative criteria. Further the
standard states: (c.) Point and nonpoint sources of pollution shall not cause destruction or
impairment of wetlands except where authorized under section 404 of the CWA. (d.) Wetlands
shall not be used as repositories or treatment systems for wastes from human sources, except as
specified by number (e), below, (e.) Wetlands intentionally created from non-wetland sites for
the sole purpose of wastewater or storm-water treatment (constructed wetlands) are not
considered "waters of the Nation" and are not subject to the provisions of this section.348
Title XII, Chapter 6 is on Aquatic Buffers: It is the desire of the Pawnee Nation to protect and
maintain the native vegetation in riparian and wetland areas by implementing specifications for
the establishment, protection, and maintenance of vegetation along all stream systems or coastal
zones within its jurisdictional authority. Buffers adjacent to stream systems and coastal areas
provide numerous environmental protection and resource management benefits...

Title XII, Chapter Twelve is "Oil Pollution Control"

The Pawnee Nation of Oklahoma also offers permits for oil and gas exploration. See TITLE
XIII, Energy Resource Protection Act

• Tribe

Definition of "waters of the tribe"

"Waters within the Tribes exterior boundaries" or "Tribal waters" means any water, surface or
underground, contained within, flowing through or bordering upon the Tribes territory or any
portion thereof."349

Other Novel Protections

345 Id. at Section 408 (only relevant portions cited).

346 Id. at Section 905(a). See also the second Section 905 for un-authorized discharge offense.

347 Id. at Title XI Environmental Conservation and Safety, Section 19.02. Available at:
https://www.pawneenation.org/files/documents/Title-XI.pdf.

348 Id. at Title XII Natural Resource Protection Act, Section 401(c)(8), Section512.

349 Pit River Tribal Code, Title 15: Natural Resources and Water Code, Chapter 1. Solid Waste Disposal Ordinance (Pit River
Tribal Solid Waste Disposal Ordinance), Section 204(A)(68). Available at: http://pitrivertribe.org/title-15-solid-waste/.

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Solid Waste Disposal Ordinance: The provisions of this Ordinance shall apply to all existing and

proposed solid waste disposal activities and to all activities which have the potential to affect

cultural, ceremonial, religious, fishery, seasonal residential, public health, safety, welfare, land,

air or water quality and other fundamental interests of the Tribe, including such activities

conducted by non-members of the Tribe or on privately owned lands. Activities to be regulated

hereunder include but are not limited to:

Landfills and open dumps;

Storage of animal waste;

Automobile graveyards and junkyards;

Landfilling of sludge or septic system waste;

Individual, residential, industrial, commercial, or agricultural sewage treatment facilities; and
All other activities that involve the storage, collection, transportation, or disposal of solid and/or
hazardous waste within the exterior boundaries of the Tribe.350

Statements of cultural or spiritual significance of wetlands and water resources
A stated goal of the Solid Waste Disposal Ordinance is to "protect fundamental Tribal cultural,
ceremonial, religious, residential, agricultural, commercial, industrial, forest, fishery, wetlands,
riparian and environmentally sensitive lands within the exterior boundaries of the Pit River
Tribe; and economic stability of residential."351

¦arch Band of Creeks

Definition of "waters of the Tribe"

"Waters of the Tribe" include all those waters that satisfy the federal definition of "Waters of the
U.S." that is found in 40 CFR 122.2, and generally include all lakes, rivers, streams (including
intermittent and ephemeral streams), natural wetlands, sloughs, and ponds located within the
exterior boundaries of the reservation.352

Definition of "wetlands"

"Wetlands" means those areas which are defined in 40 C.F.R. Part 232.2, as those areas that are
inundated or saturated by surface or groundwater at a frequency and duration sufficient to
support, and under normal conditions do support, a prevalence of vegetation typically adapted
for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and
similar areas.353

"Constructed wetlands" means those wetlands intentionally designed, constructed, and operated
on upland, non-wetland sites for the primary purpose of wastewater or storm water treatment or
environmental remediation. Constructed wetlands are not considered "Waters of the Tribe."354

Other Definitions

350	Id. at Section 202(A).

351	Id. at Section 103(A)(3).

352	Poarch Band of Creeks Tribal Code, Title 26 Environmental Protection, Chapter 4 Water Resource Management, Section 26-
4-2 (1). Available at:

https://librarv.municode.com/tribes and tribal nations/poarch band of creek indians/codes/code of ordinances?nodeId=TIT2
6ENPR.

353	Id. at Section 26-1-2 (t)

354	Id. at Section 26-4-2 (b).	

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"Groundwater" means water beneath the surface of the ground whether or not flowing through
known and definite channel.355

"Permit" means an authorization and license issued under the authority of the Regulatory
Commission regulating certain activities on the Reservation as required under this Title.356
"Point source" means any discernable, confined and discrete conveyance, including but not
limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock,
or concentrated animal feeding operation from which pollutants are or may be discharged. This
term does not include agricultural storm water discharges and return flows from irrigated
agriculture.

"Surface Water" means water upon the surface of the earth whether contained in bounds created
naturally or artificially.357

402-like and 404-like Ordinance

The purpose of the Tribe's Water Resource Management Program is.. .to provide a legal basis
for regulatory pollution controls.358

Regulatory Controls. For both point and nonpoint sources, any regulatory pollution controls
established by the Tribe or the Federal Government must be developed to ensure a level of water
quality that will satisfy these water quality standards and support designated use classifications
as determined by the Tribe. Regulatory pollution controls established for point sources shall be
consistent with applicable portions of the Federal Clean Water Act (33 U.S.C. 1251 et seq.)359
Permitting Under the Water Resource Management Program: Reserved. This Section will be
developed, concurrent with the Tribe's NPDES Program, to provide a program for permitting of
point and non-point sources to protect the waters of the Tribe}60

Other Novel Protections

The tribal code establishes the authority for the tribe to have water quality standards for
wetlands: All wetlands on the Reservation which are not constructed wetlands are considered
waters of the Tribe, and shall be subject to narrative criteria and applicable anti-degradation
provisions.361

Forested lands within the Reservation will be managed to protect Tribal timber, watershed,
wildlife habitat, and recreation resources. The Tribe may from time-to-time harvest
commercially important tree species from forested lands, so long as BMPs are utilized that will
protect wetlands and environmentally sensitive watersheds, by reducing soil erosion and
managing storm water runoff into these areas. Harvesting of timber resources on Tribal lands
will be managed such that no harmful effects will be realized on adjacent or nearby properties.362

60. Pokaf " .taw iians

General Provisions

355 Id. at Section 26-1-2 (e).

356 Id. at Section 26-1-2 (h).

357 Id. at Section 26-1-2 (m).

358 Id. at Section 26-4-3 (b).

359 Id. at Section 26-4-3 (b)(2).

360 Id. at Section 26-4-13.

361 Id. at Section 26-4-10.

362 Id. at Section 26-3-11 (a).

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The tribe has adopted the substantive provisions of Michigan's Natural Resource and
Environmental Protection Act, MCL 324.101 et seq. ("NREPA") as Tribal Law, excluding
however, all matters governed by the Pokagon Band's Hunting and Gathering Code and any
rules or regulations adopted thereunder.363

ft:	be

Definition of "waters of the Reservation"

"Surface waters of the Port Gamble S'Klallam Reservation" includes lakes, rivers, ponds,
streams (including intermittent and ephemeral streams), wetlands, and all other surface waters
and water courses, including marine waters, of the Port Gamble S'Klallam Reservation.364

Definition of "wetlands"

"Wetland" means any area that is inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal circumstances does support,
a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas.365

"Wetlands" or "wetland areas" means lands transitional between terrestrial and aquatic systems
where the water table is usually at or near the surface or the land is covered by shallow water.
Wetlands have one or more of the following attributes: (1) At least periodically, the land
supports predominantly hydrophytes (water loving plants; those which typically grow in water,
whether the water is present year round or seasonally); (2) the substrate is predominantly hydric
(damp or undrained) soil; and (3) the substrate is non-soil and is saturated with water or covered
by shallow water at some time during the growing season of each year.366

Other Definitions

"Permit" means a document issued pursuant to tribal code or federal laws (such as NPDES,
CWA, Section 401; CWA, Section 404) specifying the waste treatment and control requirements
and waste discharge conditions.

"Point source" means any discernible, confined and discrete conveyance, including, but not
limited to, any pipe, ditch, channel, sewer, tunnel, conduit, well, discrete fissure, container,
concentrated animal feeding operation, or vessel or other floating craft, from which pollutants
are or may be discharged.

"Pollutant" includes dredged spoil, solid waste, incinerator residue, filter backwash, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials
(except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C 2011 et
seq.), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and
agricultural waste discharged into water. "

303(c) Water Quality Standards

363	Pokagon Band of Potawatomi Indians, Health and Safety Act, Section 2.04. Available at

http://www.pokagon.com/sites/default/files/assets/department/govemment/fonn/2015/health-and-safetv-act-cuiTent-150126-
2130.pdf.

364	Port Gamble S'Klallam Water Quality Standards for Surface Waters 2. Available at
https://www.epa.gov/sites/production/files/2014-12/documents/port-gamble-tribe-wqs.pdf.

365	Id.

366	Port Gamble S'Klallam Tribal Code 24.01.02 (h). Available at: https://www.pgst.nsn.us/images/law-and-order/Title-24.pdf.
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Found eligible to administer a water quality standards program (TAS) on September 24, 2003.367
Initial water quality standards were approved by EPA on September 27, 2007.

401 Certification

Found eligible to administer a water quality certification program (TAS) on September 24, 2003.
402-like and 404-like Ordinance

Permit Required for Certain Activities: Any person conducting an activity within the jurisdiction
of the Port Gamble S'Klallam Reservation that will or is likely to significantly impact the
environment shall be required to obtain a permit from the Port Gamble S'Klallam Tribe under
this title prior to commencing the activity. Activities requiring a permit include, but are not
limited to, the following: a) Preparation of a site for the construction of a building or area for
purpose of business use or public use; b) The construction of any structure except single family
residences and construction which expands the square footage of the exterior of an existing
structure by more than 500 square feet; c) New road construction or road widening; d) Road
construction or repair and right of way maintenance that alters a natural drainage course; e)
Construction, installation, or repair of culverts and drainage ditches; f) Construction of any water
related project regardless of the nature or extent of the construction activity; g) Any docks or
other projects of a permanent or semi-permanent nature which interfere with the normal use of
the tidelands or surface of the waters overlying lands within the Port Gamble S'Klallam
Reservation at any state of water level; h) Dredging; drilling; dumping; filling; removal of any
sand, gravel or minerals; bulk heading; diking; rip rapping; or driving of piling; i) Timber
harvesting; j) Spraying or other application of pesticides and herbicides, except for use by single
family residences; k) Clearing and grading involving the removal of more than 150 cubic yards
of soil, sand, or gravel; and 1) Storage, application, disposal, or incineration of solid waste and/or
hazardous materials as those terms are defined under the Resource Conservation Recovery Act
(42 U.S.C. 6903), as it may be amended.368

Statements of cultural or spiritual significance of water resources

General Factors for Evaluation of Environmental Impacts: The determination of whether an
activity will or is likely to significantly impact the environment shall be made in the context of
Port Gamble S'Klallam tribal culture and values. Factors to be taken into consideration in
evaluating an application for a permit and the environmental checklist for significant impacts on
the environment include: d) Whether the proposed activity may cause loss or destruction of
cultural, historical, or scientific resources; e) Whether the proposed activity may cause loss or
destruction of culturally significant plant materials; f) The degree to which the proposed activity
affects health and safety of the Port Gamble S'Klallam tribal community.369
The spirit of S'Klallam people has always been inextricably linked to our land and continues to
be the unifying base for our tribal community.370

The purposes of these water quality standards are to restore, maintain and protect the chemical,
physical, biological, and cultural integrity of the surface waters of the Port Gamble S'Klallam
Reservation; to promote the health, social welfare, and economic well-being of the Port Gamble
S'Klallam Tribe, its people, and all the residents of the Port Gamble S'Klallam Reservation; to

367	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-port-gamble-sklallam-tribe.

368	Port Gamble S'Klallam Tribal Code 24.01.02.

369	Id. at 24.04.04 (only relevant portions cited).

370	Id. at 24.01.01.	

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achieve a level of water quality that provides for all cultural uses of the water, the protection and
propagation of fish and wildlife, for recreation in and on the water, and all existing and
designated uses of the water; to promote the holistic watershed approach to management of tribal
waters; and to provide for protection of threatened and endangered species.371

Other Novel Protections

There shall be undisturbed, natural, vegetated buffers left adjacent to rivers, streams, and
wetlands, marine shorelines, flood plains, and erosion hazard areas. No construction, accessory
uses septic tanks, or agriculture is allowed in the buffer. No timber harvesting is permitted within
the buffer, except that trees which have naturally fallen across the waterway may be removed,
provided prior authorization is obtained from the Tribe, through the Planning Director. A buffer
of 150 feet shall remain adjacent to all fish bearing streams, including Shipbuilders at The Bars,
Little Boston, and Middle creeks. A buffer of 100 feet shall remain adjacent to all nonfish
bearing perennial streams. A buffer of 50 feet shall remain adjacent to all non-fish bearing
seasonal streams and all mapped and unmapped wetlands. The Tribe may increase or decrease
the size of a buffer for a particular activity in order to meet other goals, purposes, and standards
of this title, or other applicable law. Buffers shall be measured landward from the ordinary high
water mark. Buffers shall be left on both sides of the waterway.372

.eblo of Acorn a

Definition of "Pueblo waters"

Pueblo waters: "Pueblo waters" for regulatory purposes means all surface and subsurface waters
flowing on, across, through, beneath, or bordering Pueblo lands.373

Definition of "wetlands"

"Wetlands" means those areas that are inundated or saturated by surface water or groundwater at
a frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include
swamps, marshes, bogs, cienegas, tinajas, and similar areas. Constructed wetlands used for
treatment purposes are not included in this definition.374

Other Definitions

"Point source" means any discernible, confined, and discrete conveyance from which pollutants
are or may be discharged into a water body; does not include return flows from irrigated
agriculture.375

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on April 17, 2001.376
Initial water quality standards were approved by EPA on April 17, 2001.

401 Certification

371 Port Gamble S'Klallam Water Quality Standards for Surface Waters 1(3).

372 Port Gamble S'Klallam Tribal Code 24.08.01(c).

373 Pueblo of Acoma Water Quality Standards Section VII. Revised December 2005. Available at
https://www.epa.gov/sites/production/files/2014-10/documents/acoma-wqs.pdf.

374 Id.

375 Id.

376 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-pueblo-acoma.

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Found eligible to administer a water quality certification program (TAS) on April 17, 2001.

Statements of cultural or spiritual significance of water resources

As the first and foremost user of water in the region, the Pueblo of Acoma acknowledges that
water is essential to all life at Acoma and is indispensable to the practice of age-old traditions
and to our cultural preservation. Within this context, the Pueblo of Acoma Water Quality
Standards are intended to accomplish the following: To promote the health, welfare, political
integrity, economic well-being, and traditional culture of the Acoma people.377

63.	Puebl o of I si eta
303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on October 13, 1992.378
Initial water quality standards were approved by EPA on December 24, 1992.

401 Certification

Found eligible to administer a water quality certification program (TAS) on October 13, 1992.

64.	Puebl o of Laguna
Definition of "Pueblo waters"

"Pueblo waters" means all groundwater and all surface waters, including but not limited to all or
portions of rivers, streams (including perennial, intermittent, and ephemeral streams and their
tributaries), lakes, ponds, dry washes, marshes, waterways, wetlands, mudflats, sandflats,
sloughs, prairie potholes, wet meadows, playa lakes, impoundments, riparian areas, springs, and
all other bodies or accumulations of surface water, natural or artificial, public or private,
including those dry for part of the year, that are within or bordering upon the Pueblo. Consistent
with federal requirements the Pueblo may exclude from Pueblo waters certain waste treatment
systems.379

Definition of "wetlands"

"Wetlands" mean areas that are inundated or saturated by surface or groundwater frequently and
long enough to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. The term generally includes
swamps, marshes, bogs, and similar areas.380

Other Definitions

"Point source" means any discernible, confined, and discrete conveyance, including but not
limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, landfill leachate
collection system, container, or concentrated animal feeding operation ("CAFO"), from which
pollutants are or may be discharged into a water body. The term does not include agricultural
storm water discharges (except from CAFOs) or return flows from irrigated agriculture.381

377	Pueblo of Acoma Water Quality Standards Section I.B (only relevant portions cited).

378	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-pueblo-isleta.

379	Pueblo of Laguna Code, Title XI, Chapter 2, Water Quality Standards, Section 11-2-3(43). Available at:
https://www.epa.gOv/sites/production/files/2017-08/documents/laguna-tribe.pdf.

380	Id. at Section 11-2-3(48).

381	Mat Section 11-2-3(37).	

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"Pollutant" means any type of contaminant, including but not limited to toxic substances,
hazardous substances, dredge spoil, solid waste, sewage, chemicals, pesticides, herbicides,
fungicides, rodenticides, fertilizers, incinerator residue, discarded equipment, rock, sand, dirt,
sewage, and oil, regardless of whether in liquid, solid, or gaseous form.382

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on December 20, 2016.383
Initial water quality standards were approved by EPA on July 19, 2017.

401 Certification

Found eligible to administer a water quality certification program (TAS) on December 20, 2016.
Statements of cultural or spiritual significance of water resources

The Laguna Pueblo Council also recognizes that the Pueblo's clean waters are an extraordinary
resource and wishes to ensure their protection so that the traditional and cultural uses of those
waters may continue.

65. Pueblo of Nambe

Definition of "wetlands"

"Wetlands" means areas that are inundated or saturated by surface or groundwater at a frequency
and duration sufficient to support, and under normal circumstances do support, a prevalence of
vegetation typically adapted for life in a saturated soil condition in New Mexico. Wetlands that
are constructed outside of surface water channel for providing wastewater treatment (and do not
impound a surface water) are not included in this definition.385

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on August 18, 1995.386
Initial water quality standards were approved by EPA on August 18, 1995.

401 Certification

Found eligible to administer a water quality certification program (TAS) on August 18, 1995.
Other Novel Protections

The Pueblo has water quality standards for wetlands: All wetlands on Pueblo lands which are not
constructed wetlands are considered "waters within the jurisdiction of the Tribe." "Wetlands"
shall be subject to narrative criteria and applicable antidegradation provisions, as well as site-
specific numerical criteria if applicable. Created wetlands shall be subject only to narrative
criteria. Wetlands are generally assumed to provide habitat capable of supporting aquatic biota
(e.g., fish, benthic macroinvertebrates, amphibians, or hydrophytic vegetation) on an ongoing or
periodic basis. It shall be a goal of the Tribe to maintain the water quality of wetlands at
naturally occurring levels, within the natural range of variation for the individual wetland. For
substances that are not naturally occurring, water quality requirements shall be based on

382 Mat Section 11-2-3(38).

383 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-pueblo-laguna.

384 Pueblo of Laguna Code, Title XI, Chapter 2, Water Quality Standards, Section 11-2-1A.

385 Pueblo of Nambe Water Quality Code Section VI. November 2017. Available at
https://www.epa.gov/sites/production/files/2014-12/documents/nambe-tribe.pdf.

386 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-pueblo-nambe.

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protecting existing uses of the wetland consistent with antidegradation requirements, the Tribe's
narrative water quality criteria, criteria assigned to hydrologically-connected surface waters, or
appropriate criteria guidance issued by the EPA. Natural wetlands shall not be considered as
repositories or treatment systems for wastes from human sources.387

66. Pu ris

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on August 7, 1995.388
Initial water quality standards were approved by EPA on August 7, 1995.

401 Certification

Found eligible to administer a water quality certification program (TAS) on August 7, 1995.

aque

Definition of "tribal waters"

"Tribal waters" means all waters within the exterior boundaries of the Pueblo of Pojoaque Indian
Reservation, including water situated wholly or partly within, or bordering upon the Reservation,
whether surface or subsurface, public or private, with the exception of privately owned treatment
lagoons and stock watering ponds that do no combine with other surface or subsurface waters.389

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on March 21, 1996.390
Initial water quality standards were approved by EPA on March 21, 1996.

401 Certification

Found eligible to administer a water quality certification program (TAS) on March 21, 1996.
Statements of cultural or spiritual significance of water resources

The Pueblo's water quality standards include standards specific to segments designated for
primary contact. The regulations are applicable to segments designated for ceremonial and
recreational use. Primary contact also means any use of water bodies for Native American
traditional cultural, religious, or ceremonial purposes in which there is intimate contact with the
water body that may pose a significant health risk. This may include but is not limited to
ingestion or immersion.391

6 8. Puebl o of S an di a
Definition of "surface waters of the Pueblo"

"Surface water of the Pueblo of Sandia" means a surface water of the Pueblo of Sandia, or reach
of a surface water of the Pueblo of Sandia, for which the Tribal Council has adopted a designated

387 Pueblo of Nambe Water Quality Code Section III.P.

388 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-pueblo-picuris.

389 Pueblo of Pojoaque Water Quality Standards Section I.C. Revised 2015. Available at:
https: //www.epa. gov/ sites/production/files/2014-12/documents/poi oaque-tribe.pdf.

390 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-pueblo-poioaque.

391 Pueblo of Pojoaque Water Quality Standards Section IV.D.

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a use or uses and applicable water quality criteria. This includes all surface waters situated
wholly or partly within or bordering upon the Pueblo of Sandia, including lakes (both manmade
and natural), rivers, streams (including intermittent streams), mudflats, sandflats, wetlands,
sloughs, prairie potholes, wet meadows, playa lakes, reservoirs, or natural ponds. Surface waters
of the Pueblo of Sandia also include all tributaries of such waters, including adjacent wetlands,
any manmade bodies of water that were originally created in surface waters of the Pueblo of
Sandia or resulted in the impoundment of surface waters of the Pueblo of Sandia, and any
"waters of the United States" as defined under the Clean Water Act. These "waters of the United
States" will be protected by the Pueblo of Sandia in a manner consistent with the Pueblo of
Sandia Water Quality Standards and Tribal authority.392

Definition of "wetlands"

"Wetlands" means those areas inundated or saturated by surface water and/or groundwater at a
frequency and duration sufficient to support, and under normal circumstances do support,
vegetation typically adapted for life in saturated soil conditions. Constructed wetlands used for
waste water treatment purposes are not included in this definition.393

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on December 24, 1992.394
Initial water quality standards were approved by EPA on August 10, 1993.

401 Certification

Found eligible to administer a water quality certification program (TAS) on December 24, 1992.
Other Novel Protections

The Pueblo has water quality standards for wetlands.

Biocriteria: All wetlands within the reservation, which are not constructed wetlands (used for the
repository or treatment system for wastes from human sources) are considered surface waters of
the Pueblo of Sandia. It is the policy of the Pueblo of Sandia to protect wetlands because
wetlands provide a variety of environmental benefits including wildlife habitat and recharge of
groundwater. The Pueblo of Sandia will, through the use of multi-metric indices of benthic
macroinvertebrates, fish, periphyton, or other appropriate wetland indicators ensure that the
biological integrity of wetlands is maintained, Wetland integrity shall not significantly differ
from reference wetlands, taking account variability. A significant adverse alteration of the
biological integrity of wetlands at naturally occurring levels, within the natural range of variation
for the individual wetlands and values of wetlands shall not occur.395

Wildlife habitat designated use: Wildlife habitat use means surface waters including wetlands
that are suitable to support and propagate animal and plant species. Wildlife habitat will be free
from any substances at concentrations that are toxic to or will adversely affect animal and plant
species that use the environments for feeding, drinking, habitat or propagation, or can
bioaccumulate and impair the community of animals in a watershed or the ecological integrity of
surface waters of the Pueblo of Sandia.396

392	Pueblo of Sandia Water Quality Standards Section VII. November 2009. Available at
https://www.epa.gov/sites/production/files/2014-12/documents/sandia-tribe.pdf.

393	Id.

394	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-pueblo-sandia.

395	Pueblo of Sandia Water Quality Standards Section III.P.

396	Id. at Section IV.K.	

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The uses and standards are as follows for the Surface Water Ponds/Wetlands in the Pueblo of
Sandia Bosque. All wetlands on the Pueblo of Sandia which are not constructed wetlands are
considered "waters within the jurisdiction of the Pueblo of Sandia." Wetlands shall be subject to
the narrative criteria and applicable antidegradation provisions, as well as site-specific numerical
criteria below. Wetlands are generally assumed to provide habitat capable of supporting aquatic
biota on an ongoing or periodic basis. It shall be the goal of the Pueblo of Sandia to maintain the
water quality of wetlands at naturally occurring levels, within the natural range of variation for
the individual wetland. For substances that are not naturally occurring, water quality
requirements shall be based on protecting existing uses of the wetland consistent with
antidegradation requirements, the Pueblo of Sandia's narrative water quality criteria, criteria
assigned to hydrologically-connected surface waters, or appropriate criteria guidance issued by
the U.S. Environmental Protection Agency. Natural wetlands shall not be considered as
repositories or treatment systems for wastes from human sources.397

69. Pueblo of Santa Ana

Definition of "surface waters of the Pueblo"

"Surface waters of the Pueblo of Santa Ana" means a surface water of the Pueblo of Santa Ana,
or reach of a surface water of the Pueblo of Santa Ana, for which the Tribal Council has adopted
a segment description and has designated a use or uses and applicable water quality criteria. This
includes all surface waters situated wholly or partly within or bordering upon the Pueblo of Santa
Ana, including lakes (both manmade and natural), rivers, streams (including intermittent
streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes,
reservoirs, or natural ponds. Surface waters of the Pueblo of Santa Ana also include all
tributaries of such waters, including adjacent wetlands, any manmade bodies of water that were
originally created in surface waters of the Pueblo of Santa Ana or resulted in the impoundment of
surface waters of the Pueblo of Santa Ana, and any "waters of the United States" as defined
under the Clean Water Act. These "waters of the United States" will be protected by the Pueblo
of Santa Ana in a manner consistent with the Pueblo of Santa Ana Water Quality Standards and
Tribal authority. Also called "Surface Waters of the Pueblo."398

Definition of "water resources of the Pueblo"

"Water resources of the Pueblo" means all surface waters of the Pueblo and any other water for
which the Pueblo has either a water right or a responsibility to protect the water. This term
includes groundwater, stormwater, and other waters not specifically covered by the Clean Water

Act.399

Definition of "wetlands"

"Wetlands" means those areas inundated or saturated by surface water and/or ground water at a
frequency and duration sufficient to support, and under normal circumstances do support,
vegetation typically adapted for life in saturated soil conditions. Constructed wetlands used for
waste water treatment purposes are not included in this definition.400

397 Id. at Section V.D.

398 Pueblo of Santa Ana Water Quality Standards Section 59. November 26, 2013. Available at
https://www.epa.gov/sites/production/files/2015-Q9/documents/stana-tribe.pdf.

399 Id. at Section 1.

400 Id. at Section 2.

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303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on July 20, 2015.401
Initial water quality standards were approved by EPA on August 31, 2015.

401 Certification

Found eligible to administer a water quality certification program (TAS) on July 20, 2015.
Statements of cultural or spiritual significance of water resources

The Tribal Council recognizes that the Pueblo's clean waters are an extraordinary resource and
wishes to ensure their protection so that traditional and cultural uses of those waters may
continue. The Tribal Council wishes to protect the health, safety, welfare, and environment of the
Pueblo, its people, and residents. The Tribal Council therefore enacts these Standards in order to
prevent, reduce, and eliminate pollution of surface waters of the Pueblo of Santa Ana and to plan
the development and use (including restoration and enhancement) of land and water resources
within the Pueblo's jurisdiction by: 1) Designating the existing and attainable uses for which the
surface waters of the Pueblo shall be protected; 2) Prescribing water quality standards to sustain
these designated uses and to provide for the protection and propagation of fish and wildlife and
recreation in and on the water; 3) Protecting other uses of surface waters of the Pueblo, such as
irrigation, ceremonial, domestic water supply, and recharge of domestic water supply, provided
that pollution that may result from such uses shall not lower the quality of the water below that
required for recreation and protection and propagation of fish and wildlife; 4) Assuring that
degradation of surface waters of the Pueblo shall be minimized and that economic growth shall
occur in a manner consistent with the preservation of the Pueblo's existing clean water

402

resources.

Other Novel Protections

The Pueblo has water quality standards for wetlands: All wetlands within the reservation, with
the exception of wetlands constructed for the repository or treatment of wastes from human
sources, are considered surface waters of the Pueblo. All wetlands will be held to the standards
necessary to support the biological and physical characteristics naturally present within the
wetlands. Wetlands will be protected to prevent significant adverse impacts on: water flow and
circulation, erosion, or sedimentation patterns; natural water temperature variations; the
chemical, nutrient and dissolved oxygen regime of the wetland; the normal movement of aquatic
fauna; the pH of the wetland; and normal water levels or elevations.403

Santa Clara

Definition of "tribal waters"

"Tribal waters" means all waters within the exterior boundaries of the Reservation, including
water situated wholly or partly within, or bordering upon, the Reservation, all lakes, rivers,
streams (including perennial, intermittent, and ephemeral streams), irrigation ditches, mudflats,
sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, reservoirs and natural
ponds, and all tributaries and impoundments of such waters. Waters which do not combine with
other surface or subsurface waters, such as stock tanks, treatment lagoons, or reservoirs are

401	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-pueblo-santa-ana.

402	Pueblo of Santa Ana Water Quality Standards Section I.A.

403	Id	

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private waters and are excluded from this Code, but any receiving bodies of water impacted from
the effluent from such reservoirs and treatment lagoons are part of tribal waters.404
Definition of "wetlands"

"Wetland" means those areas inundated or saturated by surface or ground water at a frequency
and duration sufficient to support, and that under normal circumstances do support, a prevalence
of vegetation typically adapted for life in saturated soil conditions. Wetlands include swamps,
marshes, bogs and similar areas. Constructed wetlands used for wastewater treatment purposes
are not included in this definition.405

Other Definitions

"Regulated activity" means any activity that requires a permit or water quality certification
pursuant to tribal or federal law, any activity subject to non-point source control requirements or
regulations, and any activity which is otherwise subject to tribal regulations that specify that the
antidegradation review process is applicable.406

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on July 19, 1995.407
Initial water quality standards were approved by EPA on July 19, 1995.

401 Certification

Found eligible to administer a water quality certification program (TAS) on July 19, 1995.

Other Novel Protections

The Anti degradation Policy of the Pueblo is applicable to all tribal waters and wetlands, as
follows: 5. Degradation of tribal waters through direct, indirect, or cumulative impacts shall not
result in the net loss of wetland acreage or wetland functions.408

Under implementation of the anti degradation requirements, proposed activities shall be reviewed
to ensure compliance with the following: d. Any proposed activity that would result in the net
loss of wetland acreage or wetland functions is prohibited.409

Narrative water quality standards apply to all Tribal waters, including wetlands, unless stricter
standards are imposed.410

71. Pueblo of S

303(c) Water Quality Standards

Application under review; notice issued June 1, 2022. EPA provides notice to appropriate
governmental entities and the local public when a Tribal application for TAS is ready for review.
The notice generally provides 30 days to receive comments on the Tribe's assertion of authority.

401 Certification

404 Pueblo of Santa Clara Water Quality Standards Section VII.

405 Id.

406 Id.

407 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-pueblo-santa-clara.

408 Pueblo of Santa Clara Water Quality Standards Section II.A (only relevant portions cited).

409 Id. at Section II.B. 1 (only relevant portions cited).

410 Id. at Section III.

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Application under review; notice issued June 1, 2022. EPA provides notice to appropriate
governmental entities and the local public when a Tribal application for TAS is ready for review.
The notice generally provides 30 days to receive comments on the Tribe's assertion of authority.

72. Pueblo of Taos
Definition of "Pueblo waters"

"Pueblo Waters" means all waters situated wholly within, partly within, or bordering upon the
Reservation, excluding those that do not combine with other surface or sub-surface waters, such
as stock tanks, treatment lagoons, or reservoirs. However, receiving waters impacted by the
effluent from such reservoirs and treatment lagoons are included. Other examples of Pueblo
Waters include, but are not limited to, portions of rivers, streams (perennial, intermittent and
ephemeral streams and their tributaries), lakes, ponds, dry washes, marshes, waterways,
wetlands, mudflats, sandflats, sloughs, impoundments, riparian areas, springs, and all other
bodies or accumulations of surface water, natural or artificial, public or private, including those
dry part of the year.411

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on December 8, 2005.412
Initial water quality standards were approved by EPA on June 19, 2006.

401 Certification

Found eligible to administer a water quality certification program (TAS) on December 8, 2005.
Statements of cultural or spiritual significance of water resources

The Tribal Council recognizes that the Pueblo's clean waters are an extraordinary resource and
wishes to ensure their protection so that traditional and cultural uses of those waters may
continue. The Tribal Council wishes to protect the health, safety, welfare, and environment of the
Pueblo, its people, and residents. The Tribal Council therefore enacts these [Water Quality]
Standards in order to prevent, reduce, and eliminate pollution of Pueblo waters and to plan the
development and use (including restoration and enhancement) of land and water resources within
the Pueblo's jurisdiction by: 1) Designating the existing and attainable uses for which the Pueblo
waters shall be protected. 2) Prescribing water quality standards to sustain these designated uses
and to provide for the protection and propagation of fish and wildlife and recreation in and on the
water. 3) Protecting other uses of Pueblo waters, such as irrigation, ceremonial, drinking water,
and recharge of domestic water supply, provided that pollution that may result from such uses
shall not lower the quality of the water below that required for recreation and protection and
propagation of fish and wildlife. 4) Assuring that degradation of Pueblo waters shall be
minimized and that economic growth shall occur in a manner consistent with the preservation of
the Pueblo's existing clean water resources.413

Other Novel Protections

411 Pueblo of Taos Water Quality Standards Section VII. January 2019. Available at
https: //www.epa. gov/ sites/production/files/2014-12/documents/taos-tribe.pdf.

412 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-pueblo-taos.

413 Pueblo of Taos Water Quality Standards Section I. A.

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All wetlands on the reservation which are not constructed wetlands are considered "Pueblo
waters." Wetlands shall be subject to narrative criteria and applicable antidegradation provisions
unless site-specific numerical criteria have been assigned. Constructed wetlands shall only be
subject to narrative criteria. Wetlands are generally assumed to provide habitat capable of
supporting aquatic biota (e.g., fish, macroinvertebrates, amphibians, or hydrophytic vegetation)
on a regular or periodic basis. It shall be a goal of the Pueblo to maintain the water quality of
wetlands at natural background levels, within the natural range of variation for the particular
wetland. For substances that are not naturally occurring, water quality requirements shall be
based upon protecting existing uses of the wetland consistent with anti degradation requirements,
the Pueblo's narrative water quality criteria, or appropriate criteria guidance issued by the U.S.
Environmental Protection Agency. Natural wetlands shall not be considered as repositories or
treatment systems for wastes from human sources.414

73. Pueblo of lesuque
303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on April 29, 1997.415
Initial water quality standards were approved by EPA on April 29, 1997.

401 Certification

Found eligible to administer a water quality certification program (TAS) on April 29, 1997.
Other Novel Protections

The Pueblo's general water quality standards are applicable to wetlands.416

74. Puyall up Tribe
Definition of "waters of the tribe"

"Surface waters of the Puyallup Tribe" includes rivers, ponds, streams, inland waters, wetlands
and all other surface waters and water courses on trust land within the 1873 Survey Area
described in the Settlement Agreement of August 27, 1988, ratified by Congress in the Puyallup
Land Claim Settlement Act, 25 U.S.C. Section 1773(b).417

Definition of "wetlands"

"Wetlands" shall mean areas that are inundated or saturated by ground or surface water at a
frequency or duration sufficient to support, or which does support, vegetation typically adapted
for life in saturated soil conditions. Wetlands generally include marshes, swamps, bogs, and
similar areas and may be but are not necessarily characterized by special soil conditions such as
peat, muck and mud. [Ord. 220692a (06/22/92) § 3]418

303(c) Water Quality Standards

414 Id. Section III.G.

415 https://www.epa.gov/was-tech/water-qualitv-standards-regulations-pueblo-tesuaue

416 Pueblo of Tesuque Water Quality Standards Section I.C. November 30, 2015. Available at
https: //www.epa. gov/ sites/production/files/2014-12/documents/te suque-tribe.pdf.

417 Puyallup Tribal Code, Chapter 10.08 Water Quality Standards for Surface Waters 10.08.020 (aa). Available at:
https://www.codepublishing.com/WA/PuyallupTribe/.

418 Puyallup Tribal Code, Chapter 15.16 Permit Applications Procedure Code 15.16.030 (aa). Available at:
https://www.codepublishing.com/WA/PuyallupTribe/.

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Found eligible to administer a water quality standards program (TAS) on May 25, 1994.419
Initial water quality standards were approved by EPA on October 31, 1994.

401 Certification

Found eligible to administer a water quality certification program (TAS) on May 25, 1994.
404-like Ordinance

Permits Required. No person or entity shall undertake any of the following activities on any trust
land without first obtaining from the Tribe two permits, a development permit and a construction
permit: (2) Construction of any building or structure within 200 feet of a shoreline or wetlands
area; (4) Dredging or filling of waters, watercourses or wetlands, drilling, dumping, filling,
removal of any sand, gravel, soil or minerals, bulkheading, diking, riprapping, or driving of
piling;... The applicant for any permit shall have the burden of establishing that the application
meets the requirements of this code and other applicable law, and that issuance of a permit is
otherwise appropriate.420

Environmental Checklist. (1) Purpose. The environmental checklist provides an overview of the
environmental impact of a proposed project. The Director will determine whether an initial
recommendation can be made on that basis or whether an environmental impact statement is
needed. (2) Submission of Information. The applicant shall complete the checklist form provided
by the Environmental Department, and provide any other information requested by the
Environmental Director. (3) Standards for Initial Review of Impact on the Environment. An
initial review of the impact that a proposed project will have on the environment shall take into
account the following factors: ... (G) Provision for undisturbed, natural vegetated buffers
adjacent to rivers, streams, and wetlands.421

Statements of cultural or spiritual significance of water resources

In the tribe's water quality standards, they have established a designated use for "ceremonial and
religious water use," which means activities involving traditional Native American spiritual and
cultural practices which involve primary (direct) and secondary contact with water.422

! ke Paiute
Definition of "waters of the tribe"

"Surface waters of the [Pyramid Lake Paiute Tribe]" means all water bodies within the exterior
boundaries of the Tribal Reservation.423

Other Definitions

"Permit" means a legally binding document issued by a Tribe, State or Federal permits agency to
the owner or manager of a point source discharge. The permit document contains a schedule of
compliance requiring the permit holder to achieve a specified standard or limitation by a

419 https://www.epa.gov/was-tech/water-qualitv-standards-regulations-puvallup-tribe-indians.

420 Puyallup Tribal Code, Chapter 15.16 Permit Applications Procedure Code 15.16.050 (only relevant portions cited).

421 Id. at 15.16.070 (only relevant portions cited).

422 Puyallup Tribal Code, Chapter 10.08 Water Quality Standards for Surface Waters 10.08.020 (g).

423 Pyramid Lake Paiute Tribe Water Quality Control Plan Section II Water Quality Standards, Definition of Terms. September
16, 2015. Available at: https://www.epa.gov/sites/production/files/2014-12/documents/pvramid-lake-tribe.pdf.

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specified date, which is usually the date that the permit becomes effective. Permit documents
also specify monitoring and reporting requirements to be conducted by the applicant.424

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on January 30, 2007.425
Initial water quality standards were approved by EPA on December 19, 2008.

401 Certification

Found eligible to administer a water quality certification program (TAS) on January 30, 2007.
Other Novel Protections

The tribe's narrative water quality standards apply to wetlands.426

76. Quartz Valley Indian Community
303(c) Water Quality Standards

Found eligible to administer water quality standards program (TAS) on February 13, 2020.427
Initial water quality standards have not been approved by EPA.

401 Certification

Found eligible to administer a water quality certification program (TAS) on February 13, 2020.

77. Quiii£

Other Definitions

"Hydraulic Project" means any activity in or near or potentially effecting tidelands, rivers, lakes,
springs, streams, sloughs, ponds, groundwaters, wetlands, marshes, and any other body of
water.428

"Reservation Resource" shall mean land, water, trees and other vegetation, fish and wildlife, and
capital improvement within the exterior boundaries of the Quinault Indian Reservation.429
"Natural Resource Practice" shall mean any activity conducted on or directly pertaining to forest
lands, tidelands, rivers, lakes, springs, streams, sloughs, ponds, groundwater, wetlands, marshes
and any other body of water, including but not limited to. ..(10) Any activity with the potential to
effect tidelands, rivers, lakes, springs, streams, sloughs, ponds, groundwater's, wetlands,
marshes, and any other body of water. 430

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on September 20, 2018.431
Initial water quality standards have not been approved by EPA.

424 id.

425 https://www.epa.gov/was-tech/water-qualitv-standards-regulations-pvramid-lake-paiute-tribe.

426 Pyramid Lake Paiute Tribe Water Quality Control Plan Section II Water Quality Standards, Narrative Standards of Water
Quality.

427 https: //www, epa. gov/wq s-tech/water-aualitv-standards-regulations-auartz-vallev-indian-communitv-quartz-vallev.

428 Quinault Indian Nation Title 61 Natural Resource Management 61.03.010 (t). Available at: http://qlandandwater.org/wp-
content/uploads/2017/08/Title-61-Natural-Resource-Management.pdf.

429 Id. at 61.03.010 (bb).

430 Id. at 61.03.010 (o) (only relevant portions cited).

431 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-quinault-indian-nation.

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401 Certification

Found eligible to administer a water quality certification program (TAS) on September 20, 2018.
402-like and 404-like Ordinance

It shall be a violation of this Title for a person shall carry on the activities of a forest products
operator or conduct [a] hydraulic project without an approved natural resource practice
application.432

It shall be a violation of this Title for any person to divert any stream or river or remove water
from any river, stream, spring, pond, tidal area, lake, or any other body of water on the Quinault
Indian Reservation, including ground waters, without obtaining an approved application to do so
from the Department. It shall be a violation of this Title for any person to conduct work in or
near (within 200 feet) of a stream, river, lake, tidal area, pond, groundwater, or any other body of
water on the Quinault Indian Reservation without obtaining an approved application from the
Quinault Department of Natural Resources to do so.433

Hydraulic applications may include conditions which require the applicant to: ... (2) Pay for
waters diverted or polluted. (3) Pay for damage to fish spawning beds or other natural or man-
made resources of the Quinault Indian Nation caused by work carried out under the
application.434

The Department shall develop standards for natural resources practices within the Coastal
District which shall include, but shall not be limited to, the following:... (2) The use of heavy
equipment within the Coastal District shall be restricted to minimize damage to soil, vegetation
and water resources. (3) Shoreline protection strips of appropriate width but no less than 200
feet, shall be left undisturbed along coastal bluffs, beach fronts and coastal wetlands and marshes
when the Department determines that such control is necessary to protect the water resource,
wildlife resource, prevent accelerated erosion, or protect against windstorm damage. Minor
clearing may be allowed within 200 feet of coastal beaches, beach fronts, coastal wetlands, and
marshes in those areas where such clearing is authorized by the Quinault Indian Nation's zoning
laws or regulations and the clearing activity will not harm the water resource, wildlife resource,
accelerate erosion, or cause potential windstorm damage.435

Statements of cultural or spiritual significance of water resources

The Quinault Division of Natural Resources manages natural resources on the lands of the
Quinault Indian Nation's Usual and Accustomed area including the ocean. The natural
environment and its resources are deeply intertwined with the culture and economy of the
Quinault. The traditional tribal worldview is that the people are a part of nature, not apart from
nature. "Place-based" people have developed an intimate relationship with their specific natural
environment through history. Their physical, mental, social and spiritual health is directly and
uniquely related to the health of the ecosystems of the lands and waters they inhabit.436

: peri or Chippewa Indians
Definition of "navigable waterway"

432 Quinault Indian Nation Title 61 Natural Resource Management 61.05.010 (a).

433 Id. at 61.07.010 (a).

434 Id. at 61.07.010(d).

435 Id. at (only relevant portions cited).

436 Quinault Division of Natural Resources, http://qlandandwater.org/.

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"Navigable waterway" shall refer to any body of water that (1) is subject to the ebb and flow of
the tide or seiche, (2) connects with a continuous interstate waterway, (3) has navigable capacity,
and/or (4) is actually navigable.437

Other Definitions

"Discharge" means the unintentional or intentional spilling, leaking, pumping, pouring, emitting,
emptying, releasing, or dumping of any liquid, gaseous, or solid material.438
"Environmental Change" means: (a) Any dock building, dredging., filling, stream diversion,
wetland draining, or similar activity that potentially alters the biological, chemical, physical, and
cultural integrity of the environment; (b) Any construction activity that may alter or alters the
natural environment (biological, chemical, physical, and cultural integrity) to the extent of the
area of impact, whether pre-disturbed or not; (c) Removal and proper disposal of dredged
materials, dirt, slurry, rock, sand, or municipal, industrial, or agricultural waste; (d) The outdoor
discharge or spraying of any poison, pesticide, or herbicide; (e) Demolition with use of any
explosive substance such as gun powder or dynamite, other than through the legitimate use of
firearms; or (f) Metallic or non-metallic mining activities.

"Fill" means a deposit of earth material placed by artificial means.439

"Pollution" means point or non-point source discharge of any solid waste, incinerator residue,
chemical waste, biological nutrient, biological material, wrecked or discarded equipment,
rubbish, sewage, garbage, trash or other harmful or unsightly substance into any waters, any
lands or emitted into the air. (08-22-06)440

402-like and 404-like Ordinance

Except as otherwise provided in this section, no person shall cause any pollution within the
exterior boundaries of the Reservation.441
Environmental Change Permit:

No person shall cause, or permit to be caused, any environmental change without an
Environmental Change Permit issued by the Environmental Department.442
Commercial appliers of poisons or pesticides must receive an Environmental Change Permit
from the Environmental Department.

Other Novel Protections

The tribe's commercial logging regulations include:

No logging activities shall occur within the riparian buffer zone, which consists of: 150 feet of
the horizontal distance from the Lake Superior high water elevation and 100 feet of horizontal
distance from the stream and not within the 100 year flood plain of a pond, lake, stream or river

437	Red Cliff Band of Lake Superior Chippewa Indians, Tribal Code, Chapter 11 Logging, Burning, Woodcutting, and
Harvesting, Section 11.2.23. Available at: http://redcliff-nsn.gov/government/TribalChapters/Chapterl 1 .pdf.

438	Red Cliff Band of Lake Superior Chippewa Indians Tribal Code Chapter 12 Pollution and Environmental Protection, Section
12.2.3. Available at: http://redcliff-nsn.gov/government/TribalChapters/Chapterl2.pdf.

439	Red Cliff Band of Lake Superior Chippewa Indians, Tribal Code, Chapter 55 Flood Damage Reduction Ordinance, Section
55.2.10. Available at: http://redcliff-nsn.gov/government/TribalChapters/Chapter55.pdf.

440	Red Cliff Band of Lake Superior Chippewa Indians Tribal Code Chapter 12 Pollution and Environmental Protection, Section
12.2.19.

441	Red Cliff Band of Lake Superior Chippewa Indians Tribal Code Chapter 12 Pollution and Environmental Protection, Section
12.3.1.

442	Id. at Section 12.4.1.	

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(37.6.10). Exemptions will only be granted through the PAC approval process as part of the
Tribe's Emerald Ash Borer Management Plan.443

Logging road stream crossings must utilize [best management practices] intended to limit stream
channel changes, erosion, sedimentation, and disruption of aquatic life as specified by the PAC
Review Board and Commercial Logging Permit conditions. The Natural Resources Department
may impose additional conditions for stream crossings of navigable waterways to mitigate
effects of the crossing.444

Machinery use in or near dry washes is prohibited at all times.445

Setbacks. In all zones, the following rules concerning setbacks from the lake shore shall apply,
(a) Lake Superior. There shall be a setback of 150 feet of horizontal distance from the Lake
Superior High Water Elevation. All structures and major ground cover disturbances shall be
prohibited, (b) Streams. On all streams a minimum setback of 100 feet of horizontal distance
from the stream bankfull mark and not within the 100 year flood plain is required, (c) Decks and
Building Prohibited. Decks, observation platforms and buildings are expressly prohibited in the
shoreline setback area. Docks within the exterior boundaries of the reservation proposed in the
shoreline setback area require review by the PAC Team and approval by Tribal Council on a
case by case basis, (d) Greater Setback. In cases of adverse soil to topographical conditions, the
Zoning Administrator and/or Planning Board may require greater setbacks which shall be
measured as a horizontal distance.446

Floodplain Development Permits. It shall be unlawful for any person to begin construction or
other development activity including but not limited to filling; grading; construction; alteration,
remodeling, or expanding any structure; or alteration of any watercourse wholly within, partially
within or in contact with any identified special flood hazard area, as established in Section 1.6,
until a floodplain development permit is obtained from the Floodplain Administrator. Such
floodplain development permit shall show that the proposed development activity is in
conformity with the provisions of these regulations. No such permit shall be issued by the
Floodplain Administrator until the requirements of these regulations have been met.447

lippewa Indians

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on November 23, 2021.448
Initial water quality standards have not been approved by EPA.

401 Certification

Found eligible to administer a water quality certification program (TAS) on November 23, 2021.

443 Red Cliff Band of Lake Superior Chippewa Indians, Tribal Code, Chapter 11 Logging, Burning, Woodcutting, and
Harvesting, Section 11.4.5.

444 Id. at Section 11.4.10.

445 Id. at Section 11.4.11.

446 Id. at Chapter 37, Land Use, Section 37.6.10. Available at http://redcliff-nsn.gov/Government/TribalChapters/Chapter37.pdf.

447 Red Cliff Band of Lake Superior Chippewa Indians, Tribal Code, Chapter 55 Flood Damage Reduction Ordinance, Section
55.3.3.

448 https: //www, epa. gov/wq s-tech/water-qualitv-standards-regulations-red-lake-band-chippewa.

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80. iiena

Definition of "waters of the Reservation"

"Reservation Waters" or "Waters of the Reservation" means any water, surface or underground,
contained within, flowing through or bordering upon the Resighini Rancheria or any portion
thereof.449

Other Definitions

"Pollutant" means any substance that will alter the quality of the waters of the Reservation.450
402-like and 404-like Ordinance

No person shall discharge any pollutant into any Reservation water from a point source or
conduct dredge and fill activities in any designated wetland area of the Reservation without first
having applied for and obtained a permit from the Riparian Review Committee after approval by
the Business Council. Any person who intends to alter or enlarge an existing activity authorized
by this Ordinance, or who intends to cause or direct such alteration or enlargement of such
activities, shall, prior to alteration or enlargement of such activities, apply for and obtain a valid
permit from the Riparian Review Committee after approval by the Business Council.451

Other Novel Protections

The Rancheria has water quality criteria specifically for wetlands. The following wetlands
criteria shall apply to all waters of the Reservation: (A) Water quality in wetlands shall be
maintained at naturally occurring levels, within the natural range of variation for individual
wetlands. (B) Physical and biological characteristics shall be maintained and protected by: (1)
Maintaining hydrological conditions, including hydro period, hydrodynamics and natural water
temperature variations; (2) Maintaining the natural hydrophitic vegetation; and (3) Maintaining
substrate characteristics necessary to support existing and characteristic uses.452

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on August 31, 2021.453
Initial water quality standards have not been approved by EPA.

401 Certification

Found eligible to administer a water quality certification program (TAS) on August 31, 2021.

Luiseno Mission Indians

Definition of "waters of the Reservation"

449 Resighini Rancheria, Tribal Water Quality Ordinance Number 01-2002, Section 2. Revised March 31, 2006. Available at:
https://klamathwaterqualitv.com/documents/Resighini Rancheria Final WO Ordinance Revised 6 06.pdf.

450 Id.

451 Id. at Section 801.

452 Id. at Section 509.

453 https: //www, epa. gov/wq s-tech/water-qualitv-standards-regulations-resighini-rancheria.

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"Rincon Reservation Water" means all fresh waters that originate or flow in, into, or through the
Rincon Reservation, or that are stored on the Rincon Reservation, whether found on the surface
of the earth or underground, and all Rincon Band tribal reserved water rights.454

Definition of "wetlands"

"Wetlands" means those areas that are inundated or saturated by surface water or ground water at
a frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas.455

Other Definitions

"Adjacent Wetlands" means wetlands bordering, contiguous, or neighboring "waters of the
United States" as defined by 33 CFR part 328, as amended from time to time.456
"Contiguous Wetlands" means wetlands that are connected to waters of the Rincon Reservation
or other geographic features (e.g., open space) by any of the following criteria: (1) All or part of
the wetland lies within the 100-year floodplain of waters of the Rincon Reservation; (2) Hydric
soil and Hydrophytic vegetation extend continuously to waters of the Rincon Reservation or
other pertinent geographic features; or (3) Sufficient evidence exists to conclude the wetland is
hydrologically connected and is immediately adjacent to waters of the Rincon Reservation or
other pertinent geographic features.457

"Filling" means the depositing of any material on a site that raises the surface level of the land or
the bed of a body of water above its prior or natural elevation.458

"Illicit discharges" mean any non-storm water discharges to storm water drainage systems that
could cause or contribute to a Degradation of water quality, sediment quality, or ground water
quality, including, but not limited to, sanitary sewer connections, industrial process water,
interior floor drains, car washing, and iron grate systems.459

"Pollution" means the presence of matter, energy, Contamination, or other alteration of the
physical, chemical, or biological properties of water or land whose nature, location, or quantity
produces undesired environmental effects, including, but not limited to, changes in aesthetics,
temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid,
gaseous, solid, radioactive, or other substance into any waters as will or threatens to render such
waters harmful, detrimental, or injurious to the public health, safety, or welfare, or to cultural,
spiritual, domestic, commercial, industrial, agricultural, recreational, or other legitimate
beneficial uses, or to livestock, wildlife, birds, fish, or other aquatic life.460
"Isolated Wetlands" means non-tidal wetlands not part of a surface tributary system to intrastate
or navigable waters of the United States and are no adjacent to such tributary waterbodies.461
"Ongoing agricultural activity" means agricultural activities (including grazing, tilling, planting,
and other activities) that are ongoing as long as the area on which they are conducted has not
been converted to another use or has lain idle so long that modifications to the hydrology are

454	Rincon Band of Luiseno Mission Indians, Water Resources Protection Ordinance, Ordinance No. 8.900, Section 8.903 (jjj).
Available at: https://rincon-nsn. gov/wp-content/uploads/2019/05/8 0900-Water-Resources-Protection-Qrdinance.pdf.

455	Id. at Section 8.903 (ffff).

456	Id. at Section 8.903 (b).

457	Id. at Section 8.903 (1).

458	Id. at Section 8.903 (s).

459	Id. at Section 8.903 (ii).

460	Id. at Section 8.903 (zz).

461	Id. at Section 8.903 (mm).	

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necessary to resume operation. Any lands that have been idle for five years or longer will no
longer be considered as lands with "ongoing" agricultural activities. This definition should be
interpreted in line with that of the U.S. Department of Agriculture and shall not be interpreted in
any way to regulate any adjudicated water right or interest of an allottee, or allotment in trust
status, on the Rincon Reservation.462

"Wetland complex" means areas where wetlands and uplands form a highly interspersed mosaic,
often with a number of small, hydrologically interconnected (either through ground water or
surface water) wetlands as commonly found in hummock and swale topography.463

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on April 3, 2018.464
Initial water quality standards have not yet been approved by EPA.

401 Certification

Found eligible to administer a water quality certification program (TAS) on April 3, 2018.
402-like and 404-like Ordinance

Applicability, (a) Except as provided in subsection (b) below, this Ordinance applies to all
Persons using or desiring to use Rincon Reservation Water or undertaking activities or desiring
to undertake activities that affect Rincon Reservation Water, including, but not limited to,
surface and ground waters in, on, or underlying all lands within the boundaries of the Rincon
Reservation.465Stream and Wetland Management

It is the intent of the Rincon Band to achieve no net loss of streams, wetlands, and their functions
and, in the long term, to achieve a net gain of stream and wetland functions within the boundary
of the Rincon Reservation. These goals will be achieved by measures such as requiring site
planning to avoid or minimize damage to streams and wetlands wherever possible and by
requiring restoration or enhancement of degraded streams and wetlands to offset losses that are
unavoidable. It is also the intent of the Rincon Band to pursue a policy of actively encouraging
the restoration or enhancement of streams and wetlands with a high potential to provide wildlife,
cultural, water-quality, or Aquifer-recharge functions.466

The purposes of Rincon Band Stream and Wetland Management are: (1) To protect the functions
and values of Rincon Reservation streams and wetlands from the impacts of development
activities and other land uses; (2) To encourage appropriate residential development and land-use
practices by and for tribal members and non-tribal members as well as commercial and business
growth on the Rincon Reservation for tribal employment opportunities by providing defined
stream and wetland management standards, requirements, and Mitigation alternatives for
effective project planning; (3) To protect and enhance wildlife resources, cultural resources, and
the quantity and quality of Rincon Reservation ground water; and (4) To protect surface-water
quality and enhance storm-water management.467

The [Rincon Environmental Department (RED)] shall have the authority to, and shall
promulgate, amend, or rescind regulations relating to standards of quality for waters of the

462	Id. at Section 8.903 (uu).

463	Id. at Section 8.903 (bbbb).

464	https://www.epa.gov/wqs-tech/epa-actions-tribal-water-qualitv-standards-and-contacts.

465	Rincon Band of Luiseno Mission Indians, Water Resources Protection Ordinance, Ordinance No. 8.900, Section 8.904 (a).

466	Id. at Section 8.915 (b).

467	Id. at Section 8.915 (c).

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Rincon Reservation and for substances discharged therein in order to maintain the highest
possible standards in accordance with the public policy of the Rincon Band as declared in
Section 8.901 & 8.902.468

Any Person who in violation of this Ordinance discharges any pollutant into the waters of the
Rincon Reservation shall be liable for all costs associated with or necessary to clean up, abate, or
remove said pollutants from the waters of the Rincon Reservation and restore the quality of the
waters of the Rincon Reservation to their condition as they existed immediately prior to the
discharge.469

Water Quality Standards Anti degradation Policy: Discharges which cause violation of the
Antidegradation Policy or any narrative or numerical water quality objective are prohibited.... In
some cases, the Tribal Council may allow limited degradation of existing water quality to benefit
the Tribe for economic, developmental, or cultural reasons. The conditions upon which this may
be allowed will be fully disclosed by the Tribal Council and will follow an application process
and public participation. The level of water quality to protect existing beneficial uses shall be
fully protected. All reasonable and cost-effective strategies shall be implemented for nonpoint
source releases.... If it is determined that some degradation is in the best interest of the members
of the Rincon Band Tribe, some increase in pollutant level may be appropriate. However, in no
case may such increases cause adverse impacts to existing or probable future beneficial uses of
waters of the Tribe.470

If a proposed action has the possibility to adversely affect the water quality of Rincon Band
Creek, an application must be filed with the RED. The application must describe the action
proposed and its effects on Reservation waters, how this information was derived, and a
justification for the action. Upon satisfying these requirements, the RED will recommend or not
recommend this proposal to be considered by the Tribal Council. Tribal Council will make a
determination whether to consider the proposal further. If the Tribal Council wishes to consider
the application further, the public participation process will take place. The Tribal Council has
the sole authority in permitting degradation to waters of the Rincon Reservation. If the Tribal
Council makes the decision to allow degradation, they will submit their decision to the U.S. EPA
for review and approval.471

Statements of cultural or spiritual significance of water resources

Streams and wetlands provide a number of benefits to the Rincon Band, including Habitat for
migratory birds, amphibians such as frogs and salamanders, and other wildlife; cultural plants
and other cultural practices and properties; providing recharge water to ground-water Aquifers;
improving water quality; providing water to streams during summer low flows; holding flood
and storm waters; and recreational and educational opportunities.472

Other Novel Protections

WELLHEADS: The Water Resources Protection Ordinance provides guidelines to determine
appropriate conditions to be included in permits issued by the RED for the protection of
wellhead areas and ground water resources of the Rincon Band.473

468 Id. at Section 8.920 (a).

469 Id. at Section 8.921 (c).

470 Id. at Appendix D — Antidegradation Policy.

471 Id. at Appendix D Section (e).

472 Id. at Section 8.915 (a).

473 Id. at Section 8.905 (d).

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82. Rosebud Sioux Tribe

Other Definitions

"Discharge of a pollutant" means any addition of any pollutant to the waters of the Rosebud
Reservation from a point source.474

"Point source" means any discernible, confined, and discrete conveyance, including but not
limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock,
concentrated animal feeding operation, vessel or other floating craft, from which any pollutant is
or may be discharged.475

"Pollutant" means any material that when added to water causes pollution, including but not
limited to, dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge,
munitions, chemical, biological, or radioactive materials, heat, wrecked or discarded equipment,
rock, sand, cellar dirt, soil, industrial, municipal and agricultural products or waste.476
"Pollution" means the human-made or human-induced alteration of the chemical, physical,
biological, or radiological integrity of water.477

402-like and 404-like Ordinance

Prohibited Activities. (1) Except as may be permitted under this Title, no person shall cause or
allow the discharge of any pollutant from a point source or nonpoint source that reduces the
quality of the waters of the Reservation to below the standards established pursuant to Section
19-6-105 of this Chapter. (2) No person shall violate the terms or conditions of any pollution
discharge or activity permit or regulation issued pursuant to this Chapter.478
Permit for Point Source Discharge. (1) Federal and Tribal Permits Required, (a) Any point
source discharge of pollutants into the waters of the Reservation requires a permit from the
federal Environmental Protection Agency. No person may discharge any pollutant from a point
source into waters of the Reservation without having first obtained a permit from the EPA. (b)
Further, no person may discharge any pollutant from a point source into waters of the
Reservation without first having obtained a permit from the Commission pursuant to this
Chapter. (2) Tribal Permit for Point Source Discharge, (a) In lieu of a petition for permit as
required by Section 19-6-109(1) and (2), the applicant shall provide td the Director of Water
Resources a complete and full copy of his petition to the federal Environmental Protection
Agency at the same time as it is supplied to the EPA. (b) Upon receipt of a complete petition the
Director of Water Resources shall immediately contact the appropriate federal Environmental
Protection Agency office and advise it of the Director's intent to review and provide public
participation on the permit petition. The Director shall request that EPA not act prior to
conclusion of the tribal process, (c) Within two weeks of having first received a petition, the
Director may request the applicant to supply within a reasonable time such additional
information as he deems necessary to permit a thorough review of the petition. If the applicant
fails to submit the requested information within the reasonable time established in the Director's
request, the Director may reject the petition for such failure, (d) Upon receipt of a complete
petition pursuant to Section 19-6-109 or 19-6-110(2)(a), the Land Use and Environment
Commission shall, in accordance with informal hearing procedures established in Title 18,

474	Code of the Rosebud Sioux Tribe, Title 19 Environmental Protection Section 19-6-102 (2).

475	Id. at Section 19-6-102 (5).

476	Id. at Section 19-6-102 (6).

477	Id. at Section 19-6-102 (7).

478	Id. at Section 19-6-104.	

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Chapter 21, determine whether to issue the requested permit. The Commission shall grant the
permit only if it finds, by clear and convincing evidence, that: Commission shall not grant a
permit unless it finds on the record that... (e) If the federal Environmental Protection Agency
has not yet issued a permit, the Director shall urge EPA to act consistent with the decision on the
tribal permit. If EPA has issued a permit, the Director shall insure that the Commission's permit
conditions are at least as stringent as those in the EPA permit.479

83.	Sac	:ie of the Mississippi in Iowa
303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on August 13, 2019.

Initial water quality standards have not yet been approved by EPA.

401 Certification

Found eligible to administer a water quality certification program (TAS) on August 13, 2019.

84.	Sa	Mohawk Tribe
Definition of "waters of the tribe"

"Tribal surface water" means all water above the surface of the ground situated wholly or partly
within or bordering upon the exterior boundaries of the Territory, including but not limited to
lakes, ponds, artificial impoundments, streams, stream reaches, rivers, springs, seeps, and
wetlands.480

Definition of "wetlands"

"Wetlands" means lands and waters of Akwesasne as shown on the wetlands map and that are
seasonally or permanently flooded by shallow water as well as lands where the water table is
close to the surface; in either case the presence of abundant water has caused the formation of
hydric soils and has favored the dominance of either hydrophytic or water tolerant plants which
are [dependent] upon or tolerant of very moist conditions. Wetlands may or may not contain
species that are of value culturally to the Mohawks of Akwesasne. Lands that are under active
agricultural use that are periodically flooded, soaked, or wet are not considered to be wetlands by
definition.

Wetlands are comprised of marshes, bogs, swamps and fens supporting aquatic or semi-aquatic
vegetation: i) "Marshes" are wet areas periodically inundated with standing or slowly moving
water and/or permanently inundated areas characterized by emergent herbaceous vegetation, and
to a lesser extent, anchored floating plants and submergents. ii) "Bogs" are peat covered areas or
peat filled depressions with a high water table and a surface carpet of acidophilic mosses (chiefly
SphagnumO. The water table is at or near the surface in the spring, and slightly below during the
remainder of the year, iii) "Swamps" are wooded wetlands including both forest swamps and
thicket swamps, with 25% cover or more of tall trees and shrubs. In swamps, standing to gently
flowing waters occur seasonally or persist for long periods on the surface, iv) "Fens" are peat
accumulating wetlands characterized by surface layers of poorly to moderately decomposed peat,
often with well decomposed peat near the baes. They are generally covered by a dominant

479	Id. at Section 19-6-110 (only relevant portions cited).

480	Saint Regis Mohawk Tribe, Water Quality Standards for the Saint Regis Mohawk Tribe Under the Authority of the Clean
Water Act §303(c), Section II. Available at: https://www.epa.gov/sites/production/files/2014-12/documents/stregis-tribe.pdf.

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component of sedges although grasses and reeds may be present. Fens receive some draining
from surrounding mineral soil and supports marsh-like vegetation, v) "Wooded Wetlands" are
wetlands dominated by trees; a forested wetland, vi) "Wet Meadows" are grasslands with nearly
saturated soil near the surface, but without standing water for most of the year, vi) "Open Water"
refers to water that is free of emergent vegetation or artificial obstructions, vii) "Emergent
Wetland" refers to wetlands dominated by mostly herbaceous emergent vegetation, viii)
"Forested Wetlands" are defined by the presence of trees which mostly cover the site (see,
"Wooded Wetlands"), ix) "Scrub/Shrub Wetlands" exhibit wetland soils and hydrogeology, and
are populated largely by shrubs, bushes or brush which are persistent year to year, x) "Reed
Swamps" refers to marshes dominated by Phragmite (common reed), xi) "Slough" refers to an
elongated marsh often bisected by a creek with slowly flowing surface water, xii) "Pot
Hole" refers to a shallow, marsh-like pond, xiii) "Peatland" is a generic term for any wetland that
accumulates partially decayed plant matter.481

Other Definitions

"Pollutant" means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage
sludge, munitions, chemical wastes, biological wastes, radioactive materials, heat, wrecked or
discarded equipment, rock, sand, and industrial, municipal, and agricultural waste discharged
into water.482

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on October 16, 2002.483
Initial water quality standards were approved by EPA on September 14, 2007.

401 Certification

Found eligible to administer a water quality certification program (TAS) on October 16, 2002.
404-like Ordinance

Permits. 1. After issuance of the official wetlands map, any person desiring to conduct on
wetlands designated on the map any of the regulated activities set forth in subdivision two of this
section must obtain a permit as required by this title. 2. Activities subject to regulation shall
include any form of draining, dredging, excavation, removal of soil, mud, sand, shells, gravel or
other aggregate from any wetland, either directly or indirectly; erecting any structures, roads, the
driving of pilings, or placing of any other obstructions whether or not changing the ebb and flow
of the water; any form of pollution, including but not limited to, installing a septic tank, running
a stormwater or sanitary sewer outfall, discharging sewage treatment effluent or other liquid
wastes into or as to drain into a wetland; and any other activity which substantially impairs any
of the several functions served by wetlands or the benefits derived from wetlands which are set
forth in section 01-0102(5) of this article. These activities are subject to regulation whether or
not they occur upon the wetland itself, if, in the discretion of the Environment Division, they
inhibit or otherwise substantially affect the function of the wetlands and/or are located within
100 feet from the boundary of such wetland as indicated on the wetlands map.484

Statements of cultural or spiritual significance of water resources

481	Saint Regis Mohawk Tribe, Akwesasne Wetlands Conservation Act (AWCA), Section 01-0103(5).

482	Saint Regis Mohawk Tribe, Water Quality Standards for the Saint Regis Mohawk Tribe Under the Authority of the Clean
Water Act §303(c), Section II.

483	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-saint-regis-mohawk-tribe

484	AWCA Section 01-0301.	

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Any loss of wetlands deprives the people of Akwesasne of some or all of the many and multiple
benefits to be derived from wetlands, including, but not limited to: ... e) education of future
generations by providing readily accessible outdoor bio-physical laboratories, living classrooms
and vast training and education resources; f) open space and aesthetic appreciation by providing
areas for hunting, gathering, fishing, canoeing, bird-watching and camping often in the only
remaining open areas along increasingly crowded river fronts; ... h) support of valuable
medicinal plants and trees of cultural and economic importance including, but not limited to,
Heartweed (Polygonum persicaria) and Black Ash (Fraxinus nigra),485

The purpose of these water quality standards is to facilitate sovereign self-determination and the
restoration and preservation of traditional hunting, fishing, gathering and cultural uses in, on and
around Tribal Surface Waters. The Environment Division is committed to providing cleaner,
safer water for all of creation. These water quality standards will in turn promote the general
welfare and well-being of the community by allowing the Tribe and its members to utilize the
water for traditional, cultural and ceremonial purposes.486

Other Novel Protections

The tribe's water quality standards apply to wetlands: 1. All wetlands within the exterior
boundaries of the territory that are not constructed wetlands shall be subject to the Narrative
Criteria (Section IV, subsection 2), Antidegradation (section 2) and the Saint Regis Mohawk
Tribe Wetlands Protection Act. www.srmtenv.org/wetlands. 2. Water quality in wetlands shall be
maintained at naturally occurring levels, within the natural range of variation for the individual
wetland, unless otherwise specified and approved by the Environment Division. 3. Physical and
biological characteristics shall be maintained and protected by: a. Maintaining hydrological
conditions, including hydroperiod, hydrodynamics, and natural water temperature variations; b.
Maintaining the natural hydrophytic vegetation; c. Maintaining substrate characteristics
necessary to support existing and designated uses. 4. Point and Nonpoint sources of pollution
shall not cause destruction or impairment of wetlands except where authorized under Section 404
of the CWA. 5. Natural wetlands shall not be used as repositories or treatment systems for wastes
from human sources.487

In the tribe's water quality standards, they have established a designated use for "ceremonial and
spiritual water use," which is the use of water for spiritual and cultural practices which may
involve primary and secondary contact. This shall include uses of Tribal Surface Waters of a
water body to fulfill cultural, traditional, spiritual, or religious needs of the Tribe or its
members.488

85. Salt River Pima-Marico] ian Community
303(c) Water Quality Standards

Application under review; notice issued May 14, 2021. EPA provides notice to appropriate
governmental entities and the local public when a tribal application for TAS is ready for review.

485 Id. at Section 01-0102(4) (only relevant portions cited).

486 Saint Regis Mohawk Tribe, Water Quality Standards for the Saint Regis Mohawk Tribe Under the Authority of the Clean
Water Act §303(c), Section I. A.

487 Id. at Section IV.F.

488 Id. at Section II and Section VI.

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The notice generally provides 30 days to receive comments on the tribe's assertion of
authority.489

401 Certification

Application under review; notice issued May 14, 2021. EPA provides notice to appropriate
governmental entities and the local public when a tribal application for TAS is ready for review.
The notice generally provides 30 days to receive comments on the tribe's assertion of authority.

86. San Carlos Apach e
303(c) Water Quality Standards

Found eligible to administer water quality standards program (TAS) on April 13, 2020.490
Initial water quality standards not yet approved by EPA.

401 Certification

Found eligible to administer a water quality certification program on April 13, 2020.

87. Semii

Definition of "navigable waters"

The term "navigable waters" means the waters of the United States, including the territorial

491

seas.

Definition of "waters of the Reservation"

The term "Reservation surface waters" means "waters of the United States" that are located
within the boundaries of the Tribe's Reservations specified in Section 11.2 of this Chapter. This
term specifically includes wetlands.492

Definition of "wetlands"

The term "wetlands" means those areas that are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs and similar areas.493

Other Definitions

The term "discharge of a pollutant" and the term "discharge of pollutants" each means (A) any
addition of any pollutant to navigable waters from any point source, (B) any addition of any
pollutant to the waters of the contiguous zone or the ocean from any point source other than a
vessel or other floating craft.494

The term "pollutant" means dredged spoil, solid waste, incinerator residue, sewage, garbage,
sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and
agricultural waste discharged into water. This term does not mean (A) "sewage from vessels"

489 https://www.epa.gov/wqs-tech/epa-actions-tribal-water-qualitv-standards-and-contacts.

490 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-san-carlos-apache-tribe.

491 Seminole Tribe of Florida, Tribal Water Code, Subtitle B, Water Quality Code, Section 11.6.

492 Id.

493 Id.

494 Id.

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within the meaning of Section 312 of the Act; or (B) water, gas or other material which is
injected into a well to facilitate production of oil or gas, or water derived in association with oil
or gas production and disposed of in a well, if the well is used either to facilitate production or
for disposal purposes, has been approved under authority of the federal Safe Drinking Water Act
or other applicable federal law, and if such Commission determines that such injection or
disposal will not result in the degradation of ground or surface water resources.

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on June 1, 1994.495
Initial water quality standards for the Big Cypress Reservation were approved by EPA on
September 26, 1997. Initial water quality standards for the Brighton Reservation were approved
by EPA on November 18, 1998.

401 Certification

Found eligible to administer a water quality certification program (TAS) on June 1, 1994.

Other Novel Protections

The tribe's water quality standards for wetlands are to be taken into consideration for permits:
ISSUANCE OF PERMITS. Each permit issued by the Commission pursuant to subsection 3.5.8
of Subtitle A shall impose such conditions as may be necessary to ensure that the permit will not
result in a violation of water quality standards that have been validly adopted by the
Commission. Each annual report to the Council that is approved by the Commission shall
include a report on the Commission's experience in exercising its existing permitting authority
and shall present recommendations to the Council on whether the delegation of additional
permitting authority would help to achieve the goals, policies and purposes of this Subtitle.496
The Commission is authorized to include in its rules any provisions that the Commission deems
necessary or advisable to carry out this subtitle, including but not limited to: a procedure through
which an applicant for a federal license or permit to conduct any activity that may result in a
discharge to surface waters, including wetlands, may apply to the Director for certification,
pursuant to section 401 of the Clean Water Act, that any such discharge will comply with the
Tribe's water quality standards and other requirements of the Clean Water Act.497
CONDITIONS FOR PERMITS ISSUED BY THE COMMISSION. The Department shall
provide scientific and technical support to the Commission in specifying conditions to include in
any permit issued by the Commission pursuant to subsection [3.6] of Subtitle A of this Code to
ensure that the permit will not result in a violation of the Tribe's water quality standards.498
APPLICATION FOR PERMIT. 1. Any person who intends to dig a well or use, drain or divert
surface or ground waters of the reservation or Tribal Trust Lands, unless the person intending to
engage in such activity is already a tribally licensed user under Section 1.4 of this Code for such
activity, must apply for a permit to dig a well or engage in such activity, before digging the well
or engaging in the activity. ... 3. The Director may require additional information sufficient to
determine whether the proposed use, well or drainage or diversion presents any threat to the

495	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-seminole-florida.

496	Seminole Tribal Water Code, Subtitle B, Section 12.2.5.

491 Id. at Section 12.3.1.2 (only relevant portions cited).

498 Id. at Section 13.4.5.	

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health or safety, or to the economic interests, of the Tribe or any member thereof, or to the water,
water resources or physical environment or the reservation or Tribal Trust Lands.499

88.	Seneca Nation of Indians
303(c) Water Quality Standards

Found eligible to administer water quality standards program (TAS) on March 15, 2021.500
Initial water quality standards have not been approved by EPA.

401 Certification

Found eligible to administer a water quality certification program on March 15, 2021.

89.	Shoalwater Bay Indie )e
Definition of "waters of the tribe"

"Waters of the tribe" means all streams, lakes, ponds, marshes, wetlands, salt water,
watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, draining
systems, and all other bodies or accumulations of water, surface and underground, natural or
artificial, public or private, which are contained within, flow through, or border upon: (1) The
lands, wetlands and tidelands within the exterior boundaries of the Shoalwater Bay Indian
Reservation; (2) Any lands, wetlands or tidelands outside the exterior boundaries of the
reservation which are held in fee by the Shoalwater Bay Tribe or held in trust by the United
States government for the benefit of the Shoalwater Bay Tribe or its individual members; or, (3)
Any lands wetlands or tidelands deemed Shoalwater Bay "Indian Country" as defined in 18
U.S.C. 1151.501

Definition of "wetlands"

"Wetlands" means those areas that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include tidelands, swamps, marshes, bogs, and similar areas. Wetlands shall be defined
using definitions and criteria currently used by the Army Corps of Engineers in their Wetland
Manual.502

Other Definitions

"Pollutant" includes, but is not limited to, dredged spoil, dirt, slurry, solid waste, incinerator
residue, sewage sludge, garbage, trash, dead animals, chemical waste, hazardous substance,
pesticide, biological nutrient, biological material, radioactive material, heat, wrecked or
discarded equipment, oil, battery acid, gasoline, paint, solvents, rock, sand, sediment or any
industrial, municipal, or agricultural waste, and any other substance which causes pollution as

499	Seminole Tribe of Florida, Tribal Water Code, Subtitle A, Beneficial Use and Conservation of Water Resources, section 3.6.3
(only relevant portions cited). Available at: https://www.semtribe.com/STQF/docs/default-source/environmental-resource-
management/seminole-tribal-water-code/subtitle-a-beneficial-use-and-conservation-of-water-resources.pdf?sfvrsn=77d7845a 6.

500	https://www.epa.gov/wqs-tech/epa-actions-tribal-water-qualitv-standards-and-contacts.

501	Shoalwater Bay Indian Tribe, Tribal Code, Title 23 Environmental Infractions Ordinance, Section 23.02.230. Available at:
https://www.shoalwaterbav-nsn.gov/assets/PDFs/Law—Order-Codes/SHO-TITLE-23-Environmental-Infractions-2Q01.pdf.

502	Id. at Section 23.02.240.	

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defined in section 23.02.130, and/or any "solid waste" as that term is defined in the Solid Waste
Disposal Act at 42 U.S.C. 6903 (27).503

402-like and 404-like Ordinance

Permit Required for Certain Activities. All persons conducting any of the following activities
within the boundaries of the Shoalwater Bay Indian Reservation shall be required to obtain a
permit, and fill out an environmental checklist, from the Shoalwater Tribe for the purposes of: a)
Site preparation for the construction of a building in an area for the purpose of human habitation,
business use, or public area; b) Timber harvesting; c) Road construction or repair and right of
way maintenance; d) Construction or repair of culverts and drainage ditches; e) Construction of
any water or flood related project, including any project within the tidelands of the Shoalwater
Bay Reservation; f) Any project of a permanent or temporary nature which interferes with the
normal public use of the surface waters within the exterior boundaries of the Shoalwater Bay
Reservation; g) Dredging, drilling, dumping, filling, removal of sand, gravel, soil, or other
minerals, bulkheading, diking, riprapping, or pile driving, [sic] h) Spraying or other application
of pesticides and herbicides, except for use by single family residences so long as used in
compliance with the label requirements and so long as such use does not directly impact other
members of the Shoalwater Bay Tribal Community; i) Clearing and grading activities; and j) All
other activities determined by the [Shoalwater Bay Environmental Protection Department
(SBEPD)] to likely have an adverse impact on the tribal natural environment.504
Tribal General Permits (TGPs). The SBEPD shall develop Tribal General Permits (TGPs) for use
for certain activities. The TGP shall establish the conditions under which certain activities may
be conducted on the lands and waters of the Shoalwater Bay Tribe without the requirement that
the person carrying out those activities obtain a specific permit under section 23.03.010 of this
ordinance.505

"Significantly Affecting the Environment." The determination of whether an activity will
significantly affect the environment shall be made in the context of Shoalwater Bay culture and
values. Factors to be taken into consideration in making this determination include: a) The
degree to which the proposed activity will adversely impact—a) Water quality or quantity; 2)
Threatened or endangered species habitat; 3) The health and safety of the Shoalwater Bay
people; 4) The tidelands and/or wetlands of the Reservation; and, b) The extent to which the
proposed activity: 1) Is considered controversial or risky by the community; 2) Is a potential, or
actual, violation of federal environmental statutes or regulations, or Tribal law; and 3) Has the
potential to impact cultural resources, known or unknown.506

Any person who excavates, dredges, fills, or alters the watercourse of any waters of the Tribe, or
any waters of the United States, including wetlands and tidelands, without a permit, or in
violation of the terms of a permit from the Tribe has committed a Class A infraction.507

Other Novel Protections

503	Id. at Section 23.20.120.

504	Id. at Section 23.03.010.

505	Id. at Section 23.03.020.

506	Id. at Section 23.03.110.

507	Id. at Section 23.06.010. See also Section 23.06.020 ("Any person who excavates, mines, drains, road builds

or engages in any other earth removal or disposition project on any wetlands, tidelands, or other lands of the Tribe without a
permit, or in violation of the terms of a permit, from the Tribe has committed a Class A infraction") and Section 23.060.040
("Any person who uses fill material to accommodate any development activity without a tribal permit insuring that such fill will
not alter or prohibit the natural flow of surface or ground water has committed a Class A infraction").	

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See the Shoalwater Bay Indian Tribe's general water quality standards, which apply to proposed
activities under the Ordinance and include subsections for natural character preserved, natural
buffers [for tidelands and wetlands], water quality, flood proofing, erosion control, use of fill,
clearing and grading, sewage disposal/drinking water, and herbicides/pesticides.508

90. Shoshone-Barmoc »es

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on September 5, 2008.509
Initial water quality standards have not yet been approved by EPA.

401 Certification

Found eligible to administer a water quality certification program (TAS) on September 5, 2008.

oshone-P	)es of the Duck	n

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on June 17, 2020.510
Initial water quality standards have not been approved by EPA.

401 Certification

Found eligible to administer a water quality certification program (TAS) on June 17, 2020.

92. Sisseton-	ti	*/erse Reservation

Definition of "waters of the reservation"

"Reservation Waters" or "Waters" is defined as all waters, surface or subsurface, arising upon,
occurring within or flowing through the Lake Traverse Reservation lands including, without
limitation, all waters within the jurisdiction of the Sisseton Wahpeton Oyate under the 1867
Treaty, including all streams, lakes, ponds, impounding reservoirs, marshes, watercourses,
waterways, wells, springs, irrigation systems, drainage systems and all other bodies or
accumulations of water, surface and underground, natural or artificial, public or private, situated
wholly or partly within or bordering upon the Lake Traverse Reservation, but not waste
treatment systems, including treatment ponds or lagoons designed to meet the requirements of
the CWA other than cooling ponds as defined in 40 CFR 423.11(m) (July 1, 1991).511

Other Definitions

"Activity" or "activities" means a portion of an action that includes: (1) any significant
disturbance of land surface or subsurface within the Reservation; and (2) any other significant
disturbance within the Reservation, including research projects, that impact water, domestic and

508	Id. at Section 23.03.340.

509	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-shoshone-bannock-tribes.

510	https://www.epa.gov/was-tech/water-aualitv-standards-regulations-shoshone-paiute-tribes-duck-vallev-
reservation.

511	Sisseton-Wahpeton Oyate of the Lake Traverse Reservation, Tribal Code, Chapter 61 Environmental Protection Code, Title
III, Water Quality, Section 61-03-05 (n). Available at https://www.narf.org/nill/codes/sisseton wahpeton/Chapter61.pdf.	

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wild animals, air, plants or humans, their facilities and/or cultural, spiritual or historical sites and
objects.512

"Discharge" or "discharge of pollutant" is defined as any addition of an identifiable substance or
a pollutant or combination of pollutants to waters from any point source.513
"Environmental permit (permit)" means the document issued by [the Office of Environmental
Protection (OEP)] to applicants after environmental review that will contain the permission to
proceed with the action and any required special conditions or mitigations; or issued as a
categorical exclusion.514

"Pollutant" means any substance or energy entering the environment as a direct or indirect result
of human activity that alters or has the potential to alter the physical, chemical, biological,
cultural, spiritual, or aesthetic properties of the environment.515

"Pollutant" or "Pollutants" is defined as dredged soil, slurry, solid waste, incinerator residue,
garbage, sewage sludge, munition, chemical wastes, biological material, radioactive material,
heat, wrecked or discarded equipment, rock, cellar dirt and industrial, municipal, or agricultural
waste discharged into water.516

"Reservation environment" means the physical and biological resources of the Tribe within the
original boundaries of the Reservation, including but not limited to land, water, air, minerals,
cultural, spiritual or historical sites, objects, humans, animal and plant life and aesthetic
values.517

402-like and 404-like Ordinance

Unlawful Acts. Except as may be permitted under this Title, no person shall cause or allow the
discharge of any pollutant from a point source or nonpoint source that reduces the quality of the
waters of the Lake Traverse Reservation to below the standards established pursuant to
established OEP regulations and this Title. No person shall violate the terms and conditions of
any pollution discharge or activity permit or regulation issued pursuant to Title III.518
Permit to Degrade Reservation Waters. Upon petition in accordance with this title, the OEP
shall, in agreement with the public hearing procedures, decide whether to issue a permit to
conduct an activity that will cause or allow the discharge of a pollutant into any body of
reservation water for which water quality standards are established. If an applicant seeks a point
source discharge permit, he shall include the request for water quality degradation in the permit
application.519

Every person seeking to conduct an activity defined by §61-02-02(b) shall submit a permit
application to OEP.... (c) All persons, entities, or agencies conducting any of the following
activities within the exterior boundaries of the Reservation shall be required to obtain an
environmental permit prior to taking any physical action upon the environment: (1) Preparation
of a site for the construction of a building or area for purposes of human habitation, business use,
or public area; (2) Construction, placement, or expansion of any structure to be used for
industrial, commercial, or residential purposes; (3) Construction, placement, or expansion of any
public or private road or bridge, right of way, transportation facility, or public facilities of any

512	Id. at Title II Tribal Environmental Policy Act, Section 61-02-02 (b).

513	Id. at Section 61-03-05 (f).

514	Id. at Section 61-02-02 (e)(5).

515	Id. at Section 61-02-02 (h).

516	Id. at Section 61-03-05 (1).

517	Id. at Title I General and Administrative Provisions, Section 61-01-04 (m).

518	Id. at Section 61-03-06.

519	Id. at Section 61-03-09.	

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nature; or (4) Other activities such as constructing dams and timber harvest; and other potential
ground or air disturbing activities.520

Permit Limitations, Conditions and Mitigation.... (b) In issuing a permit, OEP may include
conditions and mitigation requirements to reduce, prevent, or mitigate significant adverse
impacts and to protect the Reservation environment from degradation. Mitigation may include
monetary compensation to the Tribe or others for adverse impacts to the Reservation
environmental and natural resources, and may also include requirements of replacement or
restoration of impacted resources.521

31111 sfa 111C	:

Definition of "wetlands"

"Wetlands" and "wetland areas" mean lands transitional between terrestrial and aquatic systems
where the water table is usually at or near the surface, or the land is covered by shallow water.
Wetlands have one or more of the following attributes: (1) At least periodically, the land
predominantly supports hydrophytes. (2) The substrate is predominantly undrained hydric soil.
(3) The substrate is non-soils and is saturated with water or covered by shallow water at some
time during the growing season of each year.522

Other Definitions

"Buffer" means a quantifiable area of land adjacent to a critical area (streams, wetlands, marine
shorelines, erosion hazard areas) that protects the functions and values of a critical area.523

402-like and 404-like Ordinance

When [SKEPA Permits Are] Required. Any person conducting an activity within the boundaries
of the Reservation or with the boundaries of Tribal Trust land outside of the Reservation shall be
required to obtain a Skokomish Environmental Protection Act (SKEPA) Permit from the
Skokomish Department of Natural Resources. Activities requiring a permit include, but are not
limited to, the following: (a) Preparation of a site for the construction of a building or area for
purpose of human habitation, business use, or public use; (b) Construction of any structure and
construction that expands the square footage of the exterior of an existing structure by more than
100 square feet or has clearing, grading, and/or land disturbing components; (c) Conduct of a
business operation; (d) Road construction or repair, and right-of-way maintenance; (e)
Construction or repair of culverts and drainage ditches; (f) Construction of any water or flood-
related project, regardless of the nature or extent of the construction activity; (g) Any project of a
permanent or temporary nature that interferes with the normal public use of the surface of the
waters overlying lands within the Reservation at any state of water level; (h) Dredging, drilling,
dumping, removal of sand, gravel, or minerals, bulkheading, diking, riprapping, or driving of
piling; (i) Timber harvesting on lands not designated as forest lands; (j) Spraying or other
application of pesticides and herbicides, except for use by single family residences using non-
commercial grade products; (k) Clearing, grading, or other land disturbing activity; (1) Storage,

520	Id. at Section 61-02-04.

521	Id. at Section 61-02-07.

522	Skokomish Indian Tribe, Skokomish Tribal Code (S.T.C), Title 6 Land Use and Natural Resources, S.T.C. 6.03 Skokomish
Environmental Protection Act, Section 6.03.116(t). Available at: http://www.skokomish.org/wp-content/uploads/2017/07/STC-
6.03.pdf.

523	Id. at Section 6.03.116(a)	

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application, disposal, or incineration of solid waste and/or hazardous materials as defined within
the Resource Conservation Recovery Act, 42 U.S.C. 6992 et seq. (m) Other activities prohibited
or restricted pursuant to regulations promulgated by the Department under this Act.524

Other Novel Protections

Natural Buffers. All activities must leave undisturbed, natural, vegetated buffers adjacent to
rivers, streams, and wetlands. Construction, accessory uses, septic tanks, and agriculture are
prohibited within the buffer. Timber harvesting is prohibited within the buffer, except those trees
that have naturally fallen across a waterway or are deemed a danger, which may be removed
upon prior authorization from the Director. A buffer of 150 feet shall remain adjacent to all fish-
bearing streams, including the Skokomish River and Skabob Creek. A buffer of 100 feet shall
remain adjacent to all non-fish-bearing streams. The Tribal Council may increase or decrease the
size of a buffer for a particular activity in order to meet other goals, purposes, and standards of
this Act or other applicable law. Buffers shall be measured landward from the channel migration
zone or the ordinary high water mark, whichever is greater. Buffers adjacent to a stream or river
shall be left on both sides of the waterway.525

Estuarine and/or Near Shore Marine Shoreline Setback. Structures or activities that are not
water-dependent uses shall be located inland, at least 250 feet from the mean high water level,
when practicable.526

Flood Proofing. No activity shall be located in areas subject to flooding or tidal inundation unless
complete flood-proofing measures have been implemented, and then only when the location of
the structure will not aggravate flooding potentials of the nearby properties. Structures within the
100-year flood plain must comply with federal flood-proof standards necessary to obtain federal
flood insurance, whether flood insurance is obtained or not.527

Erosion Control, Clearing, and Grading. An erosion control plan must be approved prior to
issuance of a permit under this Act for any activity that poses a risk of erosion during or after
construction. No earth or debris resulting from the activity shall be allowed to enter streams,
lakes, or marine waters. No activity shall contribute to foundation instability or mass soil
movement. All clearing, grading and land disturbing activities must be designed to minimize
impact to the environment.528

Use of Fill. Use of fill material is permitted only upon prior approval by the Director. If an
activity uses fill material to accommodate the activity, the Director may require a professionally
licensed engineer to certify that the fill will not alter or impede the natural flow of surface water
or groundwater, or present a geologic hazard. There shall be no excavation or filling of stream
channels or lakes, or alteration of stream courses unless required for a project that would enhance
the biological productivity of the aquatic environment, in which case it will be a conditional

529

use.

Herbicides and Pesticides. Application of herbicides and pesticides is prohibited except for: (a)
Conditional permits that may be issued for agricultural (including tree farming) and residential

524 Id. at Section 6.03.145.

525 Id. at Section 6.03.122.

526 Id. at Section 6.03.125.

527 Id. at Section 6.03.128.

528 Id. at Section 6.03.129.

529 Id. at Section 6.03.130.

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applications, but only when no reasonable alternative is available to control pests or invasive
plant growth; and (b) Single family residences using non-commercial grade products.530

94. Sn : e

Definition of "waters of the Tribe"

"Waters of the Tribe" include all those water resources held by the Tribe, by the United States in
trust for the Tribe or by Snoqualmie Tribal members that satisfy the federal definition of "Waters
of the U.S." that is found in 40 CFR 122.2, and generally include all lakes, rivers, streams
(including intermittent and ephemeral streams), natural wetlands, sloughs, and ponds located
within and that flow on, across, or adjacent to Snoqualmie Tribal lands.531

Definition of "wetlands"

"Wetlands" mean those areas that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs and similar areas. See 40 C.F.R. Part 230.3(t). This
includes lands where saturation with water is a dominant or predominant factor in determining
the nature of soil development and the types of plant and animal communities living in the soil
and on its surface, including, but not limited to, native plants and species.532

Other Definitions

"Constructed wetlands" means those wetlands intentionally designed, constructed, and operated
on upland, non-wetland sites for the primary purpose of wastewater or storm water treatment or
environmental remediation. Constructed wetlands are not considered waters of the Tribe.533

402-like and 404-like Ordinance

The Tribe intends to eliminate both point and nonpoint sources of pollutants. To achieve that
goal, the Tribe shall require surface water discharge permits that will impose necessary
regulatory pollution controls. Any such controls incorporated into a surface water discharge
permit shall be established by the Tribe and must be developed to ensure a level of water quality
that will satisfy water quality standards and support designated use classifications as determined
by the Tribe. Regulatory pollution controls established for point and nonpoint sources shall be
consistent with, or more protective than, applicable portions of the Federal Clean Water Act, 33
U.S.C. 1251 etseq. ... The Tribe desires to regulate activities involving the placement of
dredged or fill material into waters of the Tribe. This shall be accomplished through the surface
water discharging program.534

The provisions of this Chapter shall apply to all existing and proposed point and nonpoint
pollution sources that discharge directly or indirectly into surface or ground waters of the Tribe,
and to all activities which have the potential to affect cultural, ceremonial, religious, fishery,
seasonal residential, public health and safety, water quality and other fundamental interests of the
Tribe, including such activities conducted by non-members of the Tribe or on privately owned

530 Id. at Section 6.03.132.

531 Snoqualmie Indian Tribe, Tribal Council Act 6-1, An Act Relating to Surface Water Resources Management, Section 5.0.

532 Id.

533 Id.

534 Id. at Section 3.0.

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lands. Activities to be regulated hereunder include, but are not limited to: (a) Landfills and open
dumps; (b) Storage of animal waste; (c) Automobile graveyards and junkyards; (d) Landfilling of
sludge or septic system waste; (e) Individual, residential, industrial, commercial or agricultural
sewage treatment facilities; (f) Individual, residential, industrial, commercial, fire protection, or
agricultural water control devices including but not limited to treatment facilities or systems,
dams, reservoirs, ponds, pools, tanks, wells, pipelines, flumes, canals and intake or diversion
systems; (g) Underground and above-ground liquid storage containers; (h) Surface and
subsurface removal of mineral resources, overburden, rock or soil, including quarry operations
(borrow pitting) for road surfacing or other uses; (i) All prospecting activities involving removal
of soil or rock materials, including operations involving the reopening of existing mine pits,
tunnels or quarries; (j) Sand and gravel operations; (k) Activities such as suction dredging, that
have the potential to affect the riparian area, including wetland areas and riparian habitat, water
quality or channel morphology; (1) Activities such as clearing vegetation in wetlands and buffers
that have the potential to affect water temperature; (m) Activities that prevent fish passage to
upstream habitat; (n) Potential non-point source pollution problem areas including soil disturbing
activities such as agricultural, mining, construction, urban runoff, silviculture, salt water
intrusion, hydrological modification and residential activities; (o) Activities likely to result in the
placement of dredged and/or fill material into waters of the Tribe; and (p) Application of
herbicide, insecticide or other pesticide or toxic materials or fertilizer for non-domestic use, in
conjunction with Tribal pesticides policies, including applicable code provisions.535
The purpose of the surface water permitting program is to promote tribal health, safety and
welfare by providing for the comprehensive management, and elimination or avoidance of
discharges to surface waters of the Tribe. The program is designed to reduce flooding, erosion,
sedimentation; prevent and mitigate habitat loss; enhance groundwater recharge; and prevent
water quality degradation. These goals are achieved through the implementation of
comprehensive and thorough permit system, which includes inspection, enforcement, and
maintenance measures intended to promote the effectiveness of the requirements contained in
this section.536

Surface Water Discharge Permit for Soil Disturbing Activities. All entities and persons (hereafter
called "operators") conducting soil disturbing activities on Snoqualmie Tribal lands must apply
for a surface water discharge permit. ,..537

Storm Water Pollution Prevention Plan. The ENR Department shall direct an operator to develop
a Storm Water Pollution Prevention Plan ("SWPPP") as part of any permit application for a
surface water discharge permit for a soil disturbing activity... ,538

Section 6.13.5, "Surface Water Discharge Permit for Point Sources," is reserved. Section 6.13.6,
"Surface Water Discharge Permit for Dredged and Fill Material" is also reserved.

Conditional permits for the application of herbicides and pesticides may be obtained from the
ENR Department, as well.539

The ENR Department has discretionary authority to establish a wetlands and riparian mitigation
planning and permit system that incorporates mitigation options, and to implement and
coordinate the Tribe's no-net loss of wetlands policy pertaining to traditional areas. This

535	Id. at Section 4.0.

536	Id. at Section 6.13.1.

537	Id. at Section 6.13.2 (only relevant portions cited).

538	Id. at Section 6.13.3 (only relevant portions cited).

539	Id. at Section 6.13.7.

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discretionary authority includes implementing on Snoqualmie Tribal lands a strategic hierarchy
of avoidance, minimization, and mitigation, as well as establishing and revising a wetlands
ratings system, on site mitigation, such as buffer averaging and/or ratios, and off-site mitigation
options, including ratios for acceptable mitigation, and/or mitigation banking, in providing
equivalent riparian protection an incentive for on-site avoidance or mitigation, and coordinating
with efforts in traditional areas for wetlands and riparian protection, restoration, and
mitigation.540

Other Novel Protections

Buffer Designation. The ENR Department is authorized to establish buffers for all waters of the
Tribe, and appropriate exemptions or mitigation measures, and to recommended buffers on
streams within the aboriginal territory of the Snoqualmie Tribe. Generally, buffers for waters of
the Tribe will be set at 300 feet, but exceptions as noted in Table 1 may apply. The buffer
distance in feet shall be measured from the ordinary high water mark on each bank of the water
body and may extend out the distance in Table 1 from both sides of the water body. A minimum
buffer width of 300 feet shall be required for wetlands with important wildlife functions such as
habitat used heavily by migratory birds or threatened or endangered species regardless of the
water body type. ... No activities that the ENR Department finds degrade the water body's
habitat, temperature, water quality and ecological function shall be conducted within the buffer
width. These activities include but are not limited to: roads and road building, land clearing and
grading, soil disturbing activities, storage of hazardous and non hazardous materials, or any other
activity that would remove vegetation and diminish the functionality of the buffer.541
The ENR Department has the authority to establish appropriate zoning and buffers for wetlands
protection. A 300 foot buffer around wetlands and riparian areas is hereby generally required.542
The Tribe has established water quality standards for wetlands: All wetlands on Snoqualmie
Tribal lands which are not constructed wetlands are considered waters of the Tribe, and shall be
subject to narrative criteria, applicable antidegradation and riparian management provisions. It
shall be the goal of the Tribe to maintain the water quality of wetlands at naturally occurring
levels, within the natural range of variation for the individual wetland. For substances that are
not naturally occurring, water quality requirements shall be based on protecting existing uses of
the wetland consistent with anti degradation requirements, the Tribe's narrative water quality
criteria, or criteria assigned to hydrologically connected surface waters, or appropriate criteria
guidance issued by the EPA.543

Statements of cultural or spiritual significance of water resources

In the Tribe's water quality standards, they have established a designated use for cultural uses.
Waters in this classification are intended for cultural, religious, or traditional use.544

•kaogon Chippewa Community
Definition of "waters of the tribe"

540 Id. at Section 6.4.4 (only relevant portions cited).

541 Id. at Section 6.4.4 (only relevant portions cited). See also Table 1.

542 Id. at Section 6.10.

543 Id.

544 Id. at Section 6.11(d).

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"Tribal waters" means all waters upon and under the Sokaogon Chippewa Community Tribal
Lands at any and all points in the hydrologic cycle as provided by the Clean Water Act.545

Definition of "wetlands"

"Wetlands" means areas that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal circumstances do support,
hydrophytic vegetation typically adapted for life in saturated soil conditions, such as algae and
cattails.546

Other Definitions

"Pollutant" means any substance, chemical, chemical breakdown product, plus heat, the presence
of which in the environment is the direct or indirect result of a human activity.547

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on September 29, 1995.548
Initial water quality standards were approved by EPA on January 22, 1996.

401 Certification

Found eligible to administer a water quality certification program (TAS) on September 29, 1995.
Statements of cultural or spiritual significance of water resources

Water has always been an integral and sacred part of the Sokaogon people's survival, identity
and culture. Water is the life-supporting blood of Mother Earth that human beings share in
common with all living things. The purpose of this ordinance is to protect the health and welfare
of the Sokaogon people and the integrity of tribal aquatic natural and cultural resources by
enacting policy, procedures, criteria and standards for Tribal Waters to maintain ambient water
quality by prohibiting any permanent, detectable alteration or degradation of Tribal Waters.549
In the tribe's water quality standards, they have established a designated use for cultural uses,
which means use of all Tribal Waters for cultural, subsistence, spiritual, medicinal, ceremonial,
and aesthetic purposes that include any element of the environment that is ecologically
associated with Tribal Waters.550

The [Sokoagon Chippewa Community] has depended on the ability of Tribal Lands and Tribal
Waters to provide basic cultural preservation, religious practice, and abundant natural resources
for consumption, subsistence, sustainable economic development, and sociological health.551
Wild Rice {Zizaniapalustris) is defined as a cultural and natural resource of the Sokaogon
people that has sustained their subsistence for over 300 years. The Sokaogon Chippewa
Community reservation was designated with a 600-acre wild, rice lake as its centerpiece.552

545 Sokaogon Chippewa Community, Water Quality Standards, Section V. July 30, 2010. Available at
https: //www.epa. gov/ sites/production/files/2014-12/documents/molelakeband-wq s.pdf.

546 Id.

547 Id.

548 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-mole-lake-band-lake-superior-tribe-chippewa-indians.

549 Sokaogon Chippewa Community, Water Quality Standards, Section I.B. [151.01],

550 Id. at Section II.B.l. [151.11],

551 Id. at Section IV.

552 Id. at Section V.

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96. Southern t	Ite Incii; be

Definition of "Tribal waters"

"Tribal Waters" are waters over which the Tribe has authority for establishing water quality
standards.553

Definition of "wetland"

"Wetlands" are those areas that are inundated or saturated by surface or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs and similar areas.554

Other Definitions

"Constructed Wetlands" are those wetlands intentionally designed, constructed, and operated on
upland, non-wetland sites for the primary purpose of wastewater, agricultural runoff,
environmental enhancement, stormwater treatment, or environmental remediation. Constructed
wetlands are not waters over which the Tribe has authority for setting water quality standards
under the CWA.

"Pollutant" includes, but is not limited to dredged soil, solid waste, incinerator residue, filter
backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials (except those regulated under the Atomic Energy Act of 1954 as amended,
42 U.S.C. Section 2011, et seq.), heat, wrecked or discarded equipment, oil, mine tailings, rock,
sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.

"Pollution" includes such contamination, or other alteration of the physical, chemical, or
biological properties of any waters of the tribe, including change in temperature, taste, color,
turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or
other substance, or any exotic biota into any waters of the Tribe that will or is likely to create a
nuisance to or impair any beneficial use of such waters.

"Regulated Activity" is any activity that requires a permit or a water quality certification
pursuant to CWA Section 401 or any other federal law (e.g., without limitation, Section 402
NPDES permits, Section 404 dredge and fill permits, and Federal Energy Regulatory
Commission licenses) and any other activities where tribal law or regulation specifies that an
antidegradation review is required.

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on March 28, 2018.555
Initial water quality standards were approved by EPA on April 15, 2022.

401 Certification

Found eligible to administer a water quality certification program (TAS) on March 28, 2018.

553	Southern Ute Indian Tribe, Environmental Programs Division, Water Quality Standards for Surface Waters on the Southern
Ute Indian Reservation, Section 1.7. February 8, 2022. Available at https://www.epa.gov/svstem/files/documents/2022-

04/southern-ute-wq s. pdf.

554	Id.

555	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-southern-ute-indian-tribe.	

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Other Novel Protections

The Tribe has established water quality standards for wetlands: All tribal waters that are
wetlands, unless a constructed wetland, shall be subject to the level of protection as defined by
the designated uses assigned to the river or stream segment to which they are hydrologically
connected. Wetlands shall be presumed to provide habitat capable of supporting aquatic biota
(e.g., fish, macroinvertebrates, amphibians, or hydrophytic vegetation) on a regular or periodic
basis. It shall be a goal of the Tribe to maintain the water quality, functions, and values of
wetlands at naturally occurring levels, within the natural range of variation for the individual
wetland. The functions and values that shall be maintained include, but are not limited to, the
following:

1.	Storm and flood water storage and retention and the moderation of water level fluctuation
extremes;

2.	Filtration or storage of sediments, nutrients or toxic substances that would otherwise adversely
impact the quality of other waters of the Tribe;

3.	Shoreline protection against erosion through the dissipation of wave energy and water velocity
and anchoring of sediments;

4.	Habitat for aquatic organisms in the food web including, but not limited to, fish, crustaceans,
mollusks, insects, annelids, planktonic organisms and the plants and animals upon which these
aquatic organisms feed and depend upon for their development in all life stages;

5.	Habitat for resident and transient wildlife species, including mammals, birds, reptiles and
amphibians for breeding, resting, nesting, escape cover, travel corridors and food; and

6.	Recreational, culturally significant wetland plant species, educational, scientific and natural
scenic beauty values and uses.

Wetlands shall be subject to narrative criteria, numeric criteria, and applicable antidegradation
provisions. For substances that are not naturally occurring, water quality requirements shall be
based on protecting designated uses of the wetland consistent with anti degradation requirements,
the Tribe's narrative water quality criteria, narrative biological criteria, criteria assigned to
hydrologically-connected surface waters, or appropriate criteria guidance issued by EPA. The
Tribe recognizes and expects that certain parameters may exceed applicable numeric criteria in
wetlands due to natural forces and variability. Wetlands, except for constructed wetlands, shall
not be permitted as repositories or treatment systems for wastes from human sources.556

Statements of cultural or spiritual significance of water resources

The Tribe has established a definition of "Outstanding Tribal Resource Water" that allows the
Tribe to classify a variety of waters, such as those with cultural or ceremonial characteristics. An
Outstanding Tribal Water Resource Water is subject to more stringent anti degradation protection
and review.557 The Tribe may also establish site-specific numeric criteria, for example, for
waters of special cultural significant to the Tribe.558

97. Spokj

Definition of "waters of the Tribe"

556	Id. at Section 10.

557	Id. at Section 1.7.

558	Id. at Section 8.1.	

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"Surface waters of the Tribe" includes lakes, rivers, ponds, streams (including intermittent
streams), wetlands, inland waters and all other surface waters and water sources of the
Reservation.559

Definition of "wetland"

"Wetland" means any area that is inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal circumstances does support,
a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, riparian zones and similar areas.560

Other Definitions

"Constructed wetlands" means those wetlands intentionally created from non-wetland sites for
the sole purposes of wastewater or stormwater treatment.

"Engineered wetlands" means wetlands intentionally altered from their natural condition for the
purpose of enhancing the wetlands' ability to filter wastewater or storm water.561
"Pollutant" includes, but is not limited to, dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, sewage sludge, munitions, chemical waste, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and
industrial, mining, milling, municipal, and agricultural waste discharged into water.562

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on July 23, 2002.563
Initial water quality standards were approved by EPA on April 22, 2003.

401 Certification

Found eligible to administer a water quality certification program (TAS) on July 23, 2002.
Statements of cultural or spiritual significance of water resources

The purposes of these water quality standards are: to restore, maintain and protect the chemical,
physical, biological, and cultural integrity of the surface waters of the Spokane Indian
Reservation; to promote the health, safety, welfare, and economic well-being of the Spokane
Tribe, its people, and all the residents of the Spokane Indian Reservation; to achieve a level of
water quality that provides for the protection and propagation of fish and wildlife, for recreation
in and on the water, and for all existing and designated uses of the water; to promote the holistic
watershed approach to management of the Reservation's water; and, to provide for protection of
threatened and endangered species.564

In the tribe's water quality standards, they have established a designated use for "cultural water
use," which means the use of waters to support and maintain the way of life of the Spokane
Tribal People, including, but not limited to: use for instream flow, habitat for fisheries and
wildlife, and preservation of habitat for berries, roots, medicines and other vegetation significant
to the values of the Spokane Tribal People.565

559	Spokane Tribe, Surface Water Quality Standards, Section 2. Resolution 2010-173. February 25, 2010. Available at
https://www.epa.gov/sites/production/files/2014-12/documents/spokane-tribe-was.pdf.

560	Id.

561	Id.

562	Id.

563	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-spokane-tribe-indians

564	Spokane Tribe, Surface Water Quality Standards, Section 1.

565	Id. at Section 2.	

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Other Novel Protections

The tribe has established water quality standards for wetlands: (1) All wetlands within the
reservation which are not constructed or engineered shall be subject to the Narrative Criteria
(Section 5) and Toxic Pollutants Criteria (Section 6) provisions of this chapter. (2) Water quality
in wetlands shall be maintained at naturally occurring levels: within the natural range of variation
for the individual wetland. (3) Physical and biological characteristics shall be maintained and
protected by: (a) Maintaining hydrological conditions, including hydroperiod, hydrodynamics,
and natural water temperature variations; (b) Maintaining vegetation; and, the natural
hydrophytic (c) Maintaining substrate characteristics necessary to support existing and
designated uses. (4) Wetlands shall not be used in lieu of stormwater treatment, except as
specified by number (7) below. Stormwater shall be treated before discharge to a wetland. (5)
Point and nonpoint sources of pollution shall not cause destruction or impairment of wetlands
except where authorized under Section 404 of the CWA. (6) Wetlands shall not be used as
repositories or treatment systems for wastes from human sources, except as specified by number
(7) below. (7) Wetlands intentionally created from non-wetland sites or by enhancing naturally-
occurring wetlands for the sole purpose of wastewater or stormwater treatment (constructed or
engineered wetlands) are not considered "surface waters of the tribe" and are not subject to the
provisions of this section.566

98. Stockbridge Munsee Coin in unity

Definition of "waters of the tribe"

"Waters of the Reservation" means all streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of
water, surface and underground, natural or artificial, public or private, which are contained
within, flow through, or border upon this federal Indian reservation or any portion thereof,
except that bodies of water confined to and retained within the limits of private property which
do not develop into or constitute a nuisance, or a public health hazard, or a menace to fish and
wildlife, shall not be considered to be "waters of the reservation" under this definition.567

Other Definitions

"Pollutant" means dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage
sludge, garbage, trash, chemical waste, biological nutrient, biological material, radioactive
material, heat, wrecked or discarded equipment, rock, sand, or any industrial, forestry, municipal,
or agricultural waste.568

"Permit" means a permit issued under this article.569
402-like and 404-like Ordinance

(A) No person shall discharge any pollutant into any reservation water from a point source
without first having applied for, nor after December 31, 1988, without having obtained a permit
from the Division for such discharge. Each application for a permit duly filed under the federal
Clean Water Act shall be deemed to be a permit application filed under this Article, and each

566	Id. at Section 12.

567	Stockbridge-Munsee Tribal Law Water Pollution Control, Section 34.2(B). Available at: https://www.mohican.com/mt-
content/uploads/2015/11 /ch-34-water-pollution-control.pdf.

568	Id. at Section 34.2(E).

569	Id. at Section 34.2(G).	

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permit issued pursuant to the Federal Act shall be deemed to be a temporary permit issued under
this Article which shall expire when the federal permit expires. (B) The Tribe shall examine
applications for and may issue, suspend, revoke, modify, deny, and otherwise administer permits
for the discharge of pollutants into reservation waters. Such administration shall be in accordance
with the provisions of this Article and regulations, if any, promulgated by the Tribe. (C) The
Tribe shall promulgate such regulations as may be necessary for the orderly and effective
administration of permits for the discharge of pollutants. ,..570
General Provisions:

Streambed Alteration. (A) Alteration work shall not be permitted within the high water mark of
any stream without receiving a permit from the Tribal Council. .. .(B) There shall be no heavy
equipment allowed within the confines of any stream. In-stream work shall be completed with
equipment situated out of the stream channel.571

Lakeshore Management. (A) A permit is required by any person who proposes to do any work
which will alter or diminish the course, current, or cross sectional area of a lake or its lakeshore.
Without limitation, the following activities are, when conducted below mean annual high water
elevation, examples of work for which a permit is required. Construction of channels and
ditches; dredging of lake bottom areas to remove muck, silt, or weeds; lagooning; filling;
constructing breakwaters or pilings, wharves, and docks.572

Obstructions to Fish Passage. (A) No object may be built in or across a stream that will block or
inhibit the free passage of fish past that point. (B) Any person proposing such work must submit
a written project proposal to be reviewed by the Tribal Council in conjunction with the U.S. Fish
and Wildlife Service, Bureau of Indian Affairs, or other appropriate parties at a public meeting.
If approval is received, and a permit granted, permit conditions must be adhered to which will
facilitate the passage of fish.573

Forestry. (A) Effective December 31, 1988, forest logging shall be prohibited within an area
within ten (10) chains (660 feet) of the bank of any reservation stream determined by the Tribe to
have the potential to support a population of fishes or which serves as a spawning ground for the
same. (B) Logging roads shall be prohibited within the area described in subsection (A) except
for permitted activities under subsection (C).574

Oil & Gas Recovery Activities, Surface Mining. (A) Effective December 31, 1988, oil and gas
exploration and recovery activities (underground injection is prohibited) and surface mining
activities shall be prohibited within an area 1,000 feet from the banks of any reservation stream
or lake determined by the Tribe to have the potential to support a population of fishes of which
serves as a spawning ground for the same. (B) Any person seeking to engage in such activities
covered under subsection (A) within one-half mile of a tribally designated stream under that
subsection must submit a written project proposal to the Tribal Council for a permit to conduct
such activities. The Tribal Council shall make the final decision as to whether such activities will
be permitted and what conditions shall be required to preserve the species or species habitat. (C)
Effective December 31, 1988, oil and gas exploration and recovery activities, and surface mining
activities, which will affect reservation streams and lakes will require a tribal permit.

570 Id. at 34.24.

571 Id. at Section 34.39.

572 Id. at Section 34.41.

573 Id. at Section 34.42.

574 Id. at Section 34.43.

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Livestock. (A) Effective December 31, 1988, corrals designed and constructed for holding,
loading, and unloading livestock are prohibited within an area one hundred (100) feet from the
banks of any reservation stream or lake unless permitted by the Tribe under subsection (C) of
this Section. (B) Effective December 31, 1988, livestock watering, feeding, and salting locations
are prohibited within an area one thousand (1,000) feet from the banks of any reservation stream
or lake unless permitted by the Tribe under subsection (E) of this Section. (C) Any person
desiring to engage in activities covered under subsections (A) and (B) of this Section must
submit in writing a project proposal to the Tribal Council. The Tribal Council shall make a final
decision as to whether such activities will be permitted and what conditions will be imposed.
Factors the Tribe may consider may include: (1) Fish preservation and spawning habitat
preservation; and (2) Water quality protection to meet the standards of that particular watershed,
as established by the stream classification system.575

99. Summit Lake Paii be

303(c) Water Quality Standards

Application under review; notice issued May 16, 2022. EPA provides notice to appropriate
governmental entities and the local public when a tribal application for TAS is ready for review.
The notice generally provides 30 days to receive comments on the tribe's assertion of
authority.576

401 Certification

1 .sail ¥i He Indi ten a

Definition of "waters of the Rancheria"

"Water or Waters" mean any water, surface or underground, located on or running through the
Rancheria.577

Other Definitions

"Pollutant" means any substance that will alter the quality of the waters of the Susanville Indian
Rancheria.578

402-like and 404-like Ordinance

No person shall discharge any pollutant into the waters of the Susanville Indian Rancheria.579
Any person discharging any pollutant into the waters of the Rancheria shall pay a civil fine in an
amount not to exceed $1,000 for each day in which the violation occurs.580

575 Id. at Section 34.45.

576 https://www.epa.gov/was-tech/epa-actions-tribal-water-qualitv-standards-and-contacts.

577 Susanville Indian Rancheria, Discharge of Pollutants into the Waters of the Susanville Indian Rancheria Ordinance, Section
III (6). Ordinance No. 2003-001. Available at:

https://www.narf.org/nill/codes/susanville/Discharge of Pollutants Ordinance 2003-001 .pdf.

578 Id. at Section III (3).

579 Id. at Section II.

580 Id. at Section IV.

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Other Novel Protections

The tribe has a Tribal Environmental Policy Ordinance, pursuant to their gaming compact with
the state of California. The ordinance establishes a uniform policy which evaluates potential off-
Reservation environmental effects of any and all Projects to be commenced or continued on or
after the effective date of the Compact. The goal of the environmental review process is to
ensure that, when the Tribal Business Council makes a final decision as to whether, and under
what conditions, to proceed with an on-Reservation Project, it is fully informed regarding the
potential off-Reservation environmental effects of that Project in making that decision and in
evaluating alternatives, as well as the costs and benefits of the Project and its alternatives.581

~inomish Inc il C ,

Definition of "waters of the Reservation"

"Reservation waters" means all surface water located within the exterior boundaries of the
Swinomish Indian Reservation, including without limitation Regulated Surface Waters.582

Definition of "regulated surface waters"

"Regulated Surface Waters" means all surface waters located within the exterior boundaries of
the Swinomish Indian Reservation, including without limitation Padilla Bay, Padilla Bay
Lagoon, Similk Bay, Turner's Bay, Kiket Bay, Lone Tree Lagoon, Lone Tree Creek, Skagit Bay,
Skagit River- North Fork, Snee-Oosh Creek, Swinomish Channel, Munks Creek, Fornsby Creek,
named and unnamed palustrine and marine wetlands, named and unnamed intermittent streams,
springs and seeps, and all delineated, inventoried, undelineated, and uninventoried wetlands.583

Definition of "wetlands"

"Wetlands" means any lands that fit the criteria established by the U.S. Army Corps of Engineers
Wetlands Delineation Manual (1987). Generally, wetlands are those areas inundated or saturated
by surface or ground water at a frequency and duration sufficient to support a prevalence of
hydrophytic vegetation.584'585.

Other Definitions

"Aquatic Lands" means all areas below the ordinary high water mark and above the extreme low
water mark.586

"Buffer" means an area around a core designated area in which development is limited by the
provisions of this Chapter in order to provide protection for the natural resources and ecological
functions and values of such areas.587

581 Susanville Indian Rancheria, Discharge of Pollutants into the Waters of the Susanville Indian Rancheria Ordinance, Section
III (6). Ordinance No. 2000-003. Available at:

https://www.narf.org/nill/codes/susanville/Environmental Policy Ordinance 2000-003 .pdf.

582 Swinomish Indian Tribal Community, Tribal Code, Title 19 Environmental Protection, Chapter 6, Water Quality Standards
Code, Section 19-06.080 (A)(44). Ordinance No. 390. Available at: https://www.epa.gov/sites/production/files/2017-
09/documents/swinomish-was-titlel9-chapter6.pdf.

583 Id. at Section 19-06.080 (A)(40).

584 Id. at Section 19-06.080 (A)(44).

585 Swinomish Indian Tribal Community, Tribal Code, Title 19 Environmental Protection, Chapter 4, Shorelines and Sensitive
Areas Code, Section 19-04.070 (A)(53). Available at: http://www.swinomish-
nsn.gov/media/4944/1904shorelines sensitiveareas.pdf.

586 Id. at Section 19-04.070 (A)(1).

587 Id. at Section 19-04.070 (A)(4).

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"Discharge" means any addition of any pollutant to Regulated Surface Waters from any point

coo

source.

"Dredging" means the removal of materials, including but not limited to silt, mud, sediments and
sand, from the bottom of water bodies.589

"Pollutant" means any substance or activity which causes or contributes to, or may cause or
contribute to, pollution. Pollutant includes without limitation dredge spoil, solid waste,
incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical
wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock,
sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water.590
"Project" means a development, surface modification, or use activity or proposed development,
surface modification, or use activity.591

"Sensitive Areas" means any of the following designated areas: wetlands sensitive areas, fish and
wildlife sensitive areas, geological hazard sensitive areas, and sea level rise risk sensitive areas,
as defined in this Chapter.592

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on April 18, 2008.593
Initial water quality standards were approved by EPA on August 25, 2017.

401 Certification

Found eligible to administer a water quality certification program (TAS) on April 18, 2008.
402-like and 404-like Ordinance

The tribe issues Shoreline and Sensitive Area permits that have aspects similar to both CWA
sections 402 and 404:

Permit Required. No person shall commence any project within any shoreline classification,
sensitive area or associated buffer within the exterior boundaries of the Reservation without first
obtaining a permit from the Department.594

Permit application requires "A description of the anticipated impacts the project would have on
the shorelines, sensitive areas or associated buffers if approved."595

Preserve, Restore, or Enhance. The Department shall require an applicant seeking a permit under
the terms and provisions of this Chapter to undertake mitigation designed to preserve, restore or
enhance the shoreline ecological functions and processes, and functions and values of any
sensitive area affected by the project for which the applicant seeks the permit.596
No mining shall be permitted in any shoreline classification, sensitive area, or associated
buffer.597

Dredging. (A) Shoreline Classification. The Department may issue a permit for dredging in a
shoreline classification for the following activities: (1) Routine maintenance operations of
existing structures, including but not limited to docks, piers and boat channels; or (2) New

588 Swinomish Water Quality Standards Code, Section 19-06.080 (A)(19).

589 Swinomish Shorelines and Sensitive Areas Code, Section 19-04.070 (A)(13).

590 Swinomish Water Quality Standards Code, Section 19-06.080 (A)(36).

591 Swinomish Shorelines and Sensitive Areas Code, Section 19-04.070 (A)(35).

592 Id. at Section 19-04.070 (A)(41).

593 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-swinomish-indian-tribal-communitv.

594 Swinomish Shorelines and Sensitive Areas Code, at Section 19-04.080 (A).

595 Id. at Section 19-04.100(5).

596 Id. at Section 19-04.200 (A).

591 Id. at section 19-04.270.

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development where: (a) Reasonable alternatives to dredging are infeasible; and (b) All impacts
of the dredging are mitigated. (3) Not withstanding Section 19-04.280(A)(2), dredging shall not
be permitted in Aquatic Lands along the Natural Shorelines classification, except for the express
purpose of restoring natural tideland elevations and shoreline ecological functions and processes.
(B) No dredging shall be permitted in any sensitive area, including named streams, except for the
express purpose of restoring the functions and values of the sensitive area, as part of a restoration
project approved by the Tribe.598

Point Source Discharge into a Landslide Hazard Sensitive Area. (A) Prohibition. Point source
discharges from surface water facilities, impervious surfaces and roof drains onto or within fifty
(50) feet upslope from a landslide hazard area are prohibited, subject to the exceptions in Section
19-04.510(B).599

Statements of cultural or spiritual significance of water resources

Reservation waters are of critical importance to the Tribe's treaty fishery, for fish and wildlife
habitat, and for cultural and aesthetic reasons.600

The cultural and economic functions and values of sensitive areas include, but are not limited to:
(1) Traditional hunting, fishing, and gathering activities; (2) Traditional spiritual practices; (3)
Protection of groundwater; (4) Protection of property from potential flood damage, damage due
to soil erosion or sediment deposition and damage due to geological hazards; (5) Viewing and
appreciation of nature, including fish and wildlife; and (6) Solitude and contemplation.601
Since time immemorial, fishing, including shellfish harvesting, hunting, and gathering has been a
central focus of the Tribe's culture and of critical importance to the Tribe's economy and the
economic and general well-being of its members, many of whom are dependent upon fishing,
hunting, and gathering for their livelihood, for their subsistence, and for ceremonial, cultural, and
spiritual purposes.602

The Tribe and its members use Reservation waters in myriad ways, including but not limited to
subsistence, ceremonial, and commercial fishing, shellfishing, hunting, and gathering; fish,
shellfish, wildlife, and plant habitat and habitat restoration; Tribal governmental, industrial,
commercial, and domestic uses; public water and drinking water supply; ceremonial, cultural,
and spiritual uses; navigation; and recreational and aesthetic uses.603

In the Tribe's water quality standards, they have established a designated use for "spiritual and
cultural use," which means the use of water which is demonstrated to support and maintain the
traditional way of life of the Tribe or its members including, but not limited to: contact uses;
maintenance of sufficient instream flows to preserve, protect, and enhance fish populations
significant to the values and culture of the Tribe or upon which the Tribe's Treaty fisheries
depend; preservation and/or restoration of habitat for fish, shellfish, and wildlife significant to
the values and culture of the Tribe; preservation of habitat for berries, roots, medicines and other
vegetation significant to the values and culture of the Tribe; and preservation of the natural and
traditional aesthetic quality and character of the Reservation.604

Other Novel Protections

59SId. at Section 19-04.280.

599	Swinomish Shorelines and Sensitive Areas Code, Section 19-04.510.

600	Id. at Section 19-04.060 (C).

601	Id. at Section 19-04.060 (R).

602	Swinomish Water Quality Standards Code, Section 19.06.030 (H).

603	Id. at Section 19.06.030 (M).

604	Id. at Section 19.06.080 (A)(46). See also Section 19.06.110 and Section 19.06.130.	

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The Tribe's Shoreline and Sensitive Area permits have several novel aspects, including:
Setbacks, such as, residential shoreline setbacks: (1) Minimum setbacks for structures that are
not water-dependent structures shall be fifty (50) feet from the ordinary high water mark....605
There are setbacks for most classifications of shorelines, found throughout Title 19.

Wetlands buffer provisions606 and stream buffer provisions.607

The Tribe has established water quality standards for wetlands: Water quality in wetlands within
the exterior boundaries of the Reservation, including created wetlands which are not constructed
wetlands, shall be protected by maintaining the hydrological conditions, hydrophytic vegetation,
and substrate characteristics to support existing and designated uses. Narrative and numeric
water quality criteria described in and Sections 19-06.140 through 19-06.150 of this Chapter,
shall apply to this section as indicated in Tables 3 and 9.608

1 ountain Rancheria

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on December 4, 2020.609
Initial water quality standards have not been approved by EPA.

401 Certification

Found eligible to administer a water quality certification program (TAS) on December 4, 2020.

1 oak Tribe of Western Shoshone Indians of Nevada (South Fork

Band)

Definition of "waters of the Reservation"

"Water or waters" shall mean any water, surface or underground, located on or running through
the Reservation.610

Other Definitions

"Pollutant" shall mean any substance that will alter the quality of the waters of the
Reservation.611

402-like and 404-like Ordinance

Prohibited Discharges. No person shall discharge any pollutant into the waters of the
Reservation.612

605 Swinomish Shorelines and Sensitive Areas Code, Section 19-04.330(D) (only portions cited).

606 Id. at Section 19-04.410.

607 Id. at Section 19-04.460.

608 Swinomish Water Quality Standards Code, Section 19-06.150 (C).

609 https://www.epa.gov/was-tech/water-qualitv-standards-regulations-table-mountain-rancheria.

610 Te-Moak Tribe of Western Shoshone Indians, South Fork Band Indian Reservation, Water Pollution Ordinance Section 2(G).
Available at: https://narf.org/nill/codes/temoakcode/98ordtm01.html.

611 Id. at Section 2(D).

612 Id. at Section 3.

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hor ittiarn Nation

Definition of "waters of the Nation"

"Waters of the Nation" means all waters which originate in or flow in, into or through the lands
of the Nation, or which are stored on the land of the Nation, whether found on the surface or
underground.613

"Nation's Water" means: (1) all waters which originate in or flow in, into or through the
Nation's Lands, or which are stored within the Nation's Lands, whether found on the surface or
underground; (2) Effluent existing on the Nation's Lands; and (3) all Central Arizona Project
water to which the Nation has a right, whether or not located within the Nation's Lands.614

Other Definitions

"Pollutant" means any substance that will degrade the quality of the waters of the Nation.615

402-like and 404-like Ordinance

Prohibited Discharges. No person shall discharge any pollutant into the waters of the Nation
which causes an imminent and substantial endangerment to the health and welfare of persons or
the natural environment.616

Statements of cultural or spiritual significance of water resources

All waters which originate in or flow in, into or through the Tohono O'odham Nation, or which
are stored in or by the Tohono O'odham Nation, whether found on the surface or underground,
are a sacred and valuable public resource of the Tohono O'odham Nation to be protected for the
present and future use of the Tohono O'odham Nation as a whole.617
The Nation's Water is a life giving public resource and is vital to the cultural, spiritual,
economic, and political interests of the O'odham.618

Other Novel Protections

The Nation's Water Code establishes a permitting provision for certain water uses: no Person
may use any amount of the Nation's Water without first obtaining a Permit in accordance with
this Code. A Permit is required to undertake any of the following activities: (1) to withdraw and
use Groundwater; (2) to use, impound or store any Surface Water, including through Diversions,
Charcos, or Catchments; (3) to use, impound or store underground SAWRSA Water; or (4) to
dedicate or use the Nation's Water for instream flows or riparian habitat enhancement or
maintenance.619

1	>es

Definition of "waters of the Tribes"

613	Tohono O'odham Nation of Arizona, Tribal Code, Title 25 Water, Chapter 5 Water Quality, Section 5.H. Available at:
http://www.tolc-nsn.org/docs/Title25ch5.pdf.

614	Tohono O'odham Nation of Arizona, Tribal Code, Title 25 Water, Chapter 3 Nation's Water Code, Section 3103.

615	Tohono O'odham Nation of Arizona, Water Quality Code, Section 5.F.

616	Id. at Section 1.

617	Tohono O'odham Nation of Arizona, Tribal Code, Title 25 Water, Chapter 3 Nation's Water Code, Preamble. Available at:
http://www.tolc-nsn.org/docs/Title25Ch3.pdf.

618	Id. at Section 3101 (A).

619	Id. at Section 3305 (A).	

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"Waters of the Tribes" means all streams, lakes, ponds, wetlands, salt waters, watercourses,
waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other
bodies or accumulations of water, surface and underground, natural or artificial, public or
private, which are contained within, flow through, or border upon:

(a)	The lands, wetlands and tidelands within the boundaries of the Tulalip Tribes
Reservation; or

(b)	All lands, wetlands or tidelands outside the exterior boundaries of the Reservation
which are held in fee by the Tulalip Tribes or held in trust by the United States
government for the benefit of the Tulalip Tribes or its individual members; and

(c)	All lands, wetlands, or tidelands deemed Tulalip "Indian Country" as defined in
18 U.S.C. 1151.620

Definition of "wetlands"

"Wetlands" means those areas that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas.621

"Wetlands" are defined as all lands of the Tulalip Indian Reservation which are inundated or
saturated by ground or surface water at a frequency and duration sufficient to support, and that
under normal circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands include, but are not limited to, marine shorelines, swamps,
marshes, bogs, fens, and open bodies of freshwater. The area within the berms of the closed
landfill located within original Tulalip allotments T91 and T92 (now T507) is not included
within the definition of "wetlands." Wetlands on the Tulalip Reservation include all areas
waterward from the wetland edge. If the vegetation has been removed, a wetland shall be
determined by the presence of hydric soils. Regulated wetlands do not include artificial wetlands
intentionally constructed from nonwetland sites, including, but not limited to, irrigation and
drainage ditches, grass-lined swales, canals, stormwater detention facilities, wastewater
treatment facilities, farm ponds, and landscape amenities. Wetlands created, restored, or
enhanced as part of an approved mitigation plan are considered to be regulated wetlands.622

Other Definitions

"Environmentally sensitive lands" include wellhead protection zones, surface waters such as
lakes, ponds, seasonal and perennial streams, springs, wetlands, and their shorelines and buffer
zones; saltwater shorelines, beaches, bluffs, and all of Tulalip Bay; slopes over 15 percent or
otherwise subject to slope instability, potential landslide or significant erosion; special soil types
including hydric soils, soils unsuitable for building foundations and road beds, essential habitat
for animals and/or plants considered culturally important to the Tribes, especially fish, eagles,
hawks, falcons, owls, deer, bears, cedar and ironwood (Holodiscus discolor). The area within the
berms of the closed landfill located within original Tulalip allotments T91 and T92 (now T507)
is not included within the definition of "environmentally sensitive lands.623

620	Tulalip Tribes, Tribal Codes, Title 8 Natural Resources, Chapter 8.20 Environmental Infractions, Section 8.20.050 (17).
Available at: https://www.codepublishing.com/WA/Tulalip/.

621	Id. at Section 8.20.050 (18).

622	Tulalip Tribes, Tribal Codes, Title 7 Land Use, Chapter 7.110 Environmentally Sensitive Lands, Section 7.110.050 (1).
Available at: https://www.codepublishing.com/WA/Tulalip/.

623	Id. at Section 7.110.020.	

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"Pollutant" includes dredged spoil, solid waste, dirt, slurry, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive
material (except those regulated under the Atomic Energy Act of 1954, as amended, 42 U.S.C.
2011 etseq.), heat wrecked or discarded equipment, rock, sand, cellar dirt, oil, battery acid,
gasoline, paint, solvents, or any industrial, municipal, or agricultural waste.624

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on May 9, 1996.625
Initial water quality standards have not yet been approved by EPA.

401 Certification

Found eligible to administer a water quality certification program (TAS) on May 9, 1996.
402-like and 404-like Ordinance

The "Land Use" title of the tribal code contains provisions that are similar to both CWA section

402 and CWA section 404.

Construction practices. Erosion measures which are sufficient to prevent sediment transport to
surface waters shall be employed during any construction or grading activities within the exterior
boundaries of the Tulalip Indian Reservation. Where sensitive lands are impacted by proposed
development, stormwater management and erosion control plans shall be required. Any practices
employed shall meet the Department of Ecology's Stormwater Management Program guidelines.

626

Hydraulic projects (excluding bridges). No hydraulic projects, including but not limited to
culverts, fill, diversions or waterwheels, shall occur in any streams, wetlands, or marshes within
the exterior boundaries of the Tulalip Indian Reservation without review by the Tulalip
Department of the Environment and issuance of a use and occupancy permit by the Executive
Director containing conditions that minimize impacts to fish and wildlife habitat, and drainage
and flood control.627

Bridges. Bridges on the Tulalip Indian Reservation shall be prohibited unless in conformance
with the following procedures: (1) A use and occupancy permit issued by the Executive Director
shall be required prior to construction of any bridge within the exterior boundaries of the Tulalip
Indian Reservation. .. .(3) Bridge maintenance or replacement shall occur only after written
consent has been obtained from the Tulalip Tribes. [Ord. 80 § 25.5, 1-9-1995],628
Notwithstanding any other provision of this title, the Tribal decision-maker may prohibit, or
condition, development that will have, or potentially will have, significant adverse environmental
impacts, upon or to environmentally sensitive lands. Conditions may include mitigation
requirements...629

The "Environmental Infractions" chapter of the "Natural Resources" title of the tribal code also
contains provisions that are similar to both CWA section 402 and CWA section 404, including:
Any person who excavates, dredges, fills, or alters the wetlands, tidelands, or water of the Tribes,
or any water of the United States that lies within the exterior boundaries of the Reservation,

624 Tulalip Tribes, Tribal Codes, Title 8 Natural Resources, Chapter 8.20 Environmental Infractions, Section 8.20.050 (10).

625 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-tulalip-tribes-washington.

626 Tulalip Tribes, Tribal Codes, Title 7 Land Use, Chapter 7.120 General Conditions, Section 7.120.020.

621 Id. at Section 7.120.030.

628 Id. at Section 7.120.040 (only portions cited).

629 Tulalip Tribes, Tribal Codes, Title 7 Land Use, Chapter 7.110 Environmentally Sensitive Lands, Section 7.110.0401.

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without a permit, or in violation of the terms of a permit, from the Tribes or the appropriate
Federal authority has committed a Class A infraction.630

Use of fill material. Any person who uses fill material to accommodate any development activity
without certification from a licensed professional engineer that such fill will not alter or prohibit
the natural flow of surface or ground water has committed a Class A infraction.631
Earth or construction debris. Any person who allows earth or construction debris to enter water,
wetlands, or tidelands of the Tribes, or any waters of the United States that lie within the exterior
boundaries of the Reservation, has committed a Class B infraction.632

Pesticide application. Any person who applies, or allows to be applied, to any lands or waters of
the Tribes any rodenticide, insecticide, herbicide, fungicide, algaecide, or any other pesticides no
matter the application procedure without a permit, or in violation of the terms of a permit, from
the Tribes has committed a Class B infraction.633

Application within buffer zone. Any person who applies, or allows to be applied, any
rodenticide, insecticide, herbicide, fungicide, algaecide, or any other pesticides no matter the
application procedure, on or within any buffer zone established by the Tribes for any stream,
wetland, or marsh, has committed a Class B infraction.634

Unlawful discharge of sewage. Any person who discharges, or allows to be discharged, sewage
to the lands or waters of the Tribes, including to the ground, surface water, groundwater, or
wetlands, has committed a Class A infraction.635

Spill of hazardous substance or toxic pollutant. Unless in possession of an NPDES permit issued
by the U.S. Environmental Protection Agency and certified by the Tulalip Tribes, issued
pursuant to delegated Federal authority, any person engaged in any operation or activity which
results in a spill, discharge, or release of any hazardous substance or toxic pollutant onto the
lands or waters of the Tribes, or the waters of the United States that lie within the exterior
boundaries of the Reservation, has committed a Class A infraction.636

Spill of pollutant. Unless in possession of an NPDES permit issued by the U.S. Environmental
Protection Agency and certified by the Tulalip Tribes, issued pursuant to delegated Federal
authority, any person engaged in any operation or activity which results in a spill, discharge, or
release of any hazardous substances or toxic pollutant onto the lands or waters of the Tribes, or
the waters of the United States that lie within the exterior boundaries of the Reservation, has
committed a Class B infraction.637

Toxic or hazardous substances. Unless in possession of an NPDES permit issued by the U.S.
Environmental Protection Agency and certified by the Tulalip Tribes, issued pursuant to
delegated Federal authority, any person who disposes of, or causes to be released, any toxic
pollutant, radioactive waste or other hazardous substances on or within any lands or waters of the
Tribes, or the waters of the United States that lie within the exterior boundaries of the
Reservation, has committed a Class A infraction.638

630 Tulalip Tribes, Tribal Codes, Title 8 Natural Resources, Chapter 8.20 Environmental Infractions, Article III
Excavation/Dredging/Filling, Section 8.20.100.

631 Id. at Section 8.20.130.

632 Id. at Section 8.20.140.

633 Id. at Section 8.20.220.

634 Id. at Section 8.20.230.

635 Id. at Section 8.20.240.

636 Id. at Section 8.20.280.

637 Id. at Section 8.20.290.

638 Id. at Section 8.20.440.

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Pollutants. Unless in possession of an NPDES permit issued by the U.S. Environmental
Protection Agency and certified by the Tulalip Tribes, issued pursuant to delegated Federal
authority, any person who disposes of, or causes to be released, any pollutant on or within any
lands or waters of the Tribes, or the waters of the United States that lie within the exterior
boundaries of the Reservation, without a permit, or in violation of the terms of a permit, from the
Tribes has committed a Class B infraction.639

Statements of cultural or spiritual significance of water resources
The Puget Sound shoreline is one of the most important physical features of the Tulalip
Reservation to the Tulalip Tribes ("the Tribes"), its members, and non-Tribal residents. The
shoreline is where many ancestral settlements and burial sites are located and where Tribal
fishing, gathering, cultural activities, and recreation continue to this day.640

Other Novel Protections

The tribe's "Environmentally Sensitive Lands" chapter of the "Land Use" Title of the tribal code
establishes buffers for protection of sensitive lands, including freshwater wetlands and streams,
and the buffer width if depending on the class of the wetland or stream641 and for cultural
sensitive areas.642

The tribe's "Standards for Surface Mining" establishes buffer zones for surface mining activities:
A minimum 200-foot buffer of vegetation is required between any mining activity and all surface
waters, including streams, wetlands, lakes and marine waters.643

1 ntain Band of Chippewa Indians

Definition of "waters of the tribe"

"Tribal water" will mean any and all waters arising on, underlying, flowing through, located
upon or bordering, otherwise occurring and contained within the Reservation, tributary or non-
tributary. All waters reserved at any time to the Turtle Mountain Band of Chippewa. All Water
necessary to make the land habitable and productive, all water sources within or bordering the
reservation and its allotments; including any body of water that drains into waters of the Tribe,
up to and including but not limited to; small intermittent or ephemeral waters, those that are
man-made or man-altered, and those broken by man-made or natural obstacles.644

402-like and 404-like Ordinance

Permit Required. 1. No person, organization for profit as a sole proprietorship, receiver,
partnership, joint venture, trust estate, firm, unincorporated association, corporation or
government, including but not limited to any part, subdivision or agency from and after the
adoption of this Act, will divert or undertake any activity affecting or involving tribal water
without first obtaining a permit under this Chapter. 2. Discharge, injection, or deposition of any
waste, wastewater, or other contaminant into Reservation water is not permitted. 3. A permit

639 Id. at Section 8.20.450.

640 Tulalip Tribes, Tribal Codes, Title 8 Natural Resources, Chapter 8.30 Tidelands Management Policies, Section 8.30.010 (1).

641 Tulalip Tribes, Tribal Codes, Title 7 Land Use, Chapter 7.110 Environmentally Sensitive Lands, Section 7.110.070.

642 Id. at Section 7.115.060.

643 Tulalip Tribes, Tribal Codes, Title 8 Natural Resources, Chapter 8.35 Surface Mining, Section 8.35.130 (3).

644 Turtle Mountain Band of Chippewa Indians of North Dakota, Tribal Code, Title 30 Water Act, Section 30.0105 (15).

Available at: https://tmchippewa.com/wp-content/uploads/TITLE-30-Tribal-Water-Act.pdf.

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application is required for any of the following activities: a. Diversion of water from any stream
course, spring, or well; b. Change in the point of water diversion, whether of surface or
groundwater; c. Change in the use of waters, the place of use, method of diversion, or season of
use; d. Transfer of tribal water outside the watershed of origin; e. Alteration of any stream course
or stream band for any purpose, including without limitation, road construction and repair; f.
Recharge of groundwater; g. Hydropower generation; h. Storage or impoundment of water; and i.
Dedication of water to in-stream flow. ... 8. The application of pesticides within 200 feet of
waters of the Reservation or recharge areas of the Shell Valley aquifer.645.

Categories of Permits include: 3. Stream Zone Alteration Permit. Grants the Right to Alter the
Streambed or Banks of the Reservation. The National Environmental Policy Act (NEPA)
requires federal agencies to integrate environmental values into their decision making processes
by considering the environmental impacts of their proposed actions and reasonable alternatives
to those actions. A stream zone Alteration permit is required for all persons engaging in activities
that affect the bed or banks of Reservation streams, including, but not limited to: a. Construction
of temporary diversion structures; b. Road and culvert construction and repair; c. Logging
operations; and d. Other activities affecting the stability of the stream channel, provided that such
permit is not required during an emergency condition declared by the Commission. 4. Discharge
Permits. Permits to dispose of contaminated wastewater into the surface or ground water that
exists within the scope of tribal jurisdiction will not be approved.646

404-like Ordinance

The powers granted by this section shall be exercised through ordinances which may determine,
establish, regulate and restrict: 1. The areas within which agriculture, forestry, industry, mining,
trades, business, and recreation may be conducted. 2. The areas in which residential uses may be
regulated or prohibited. 3. The areas in and along natural watercourses, channels, streams and
creeks in which trades or industries, filling or dumping, erection of structures and the location of
buildings may be prohibited or restricted. 4. Trailer camps, tourist camps, motels, and mobile
home parks. 5. Designate certain areas, uses or purposes which may be subjected to special
regulation. 6. The location of buildings and structures that are designated for specific uses and
designation of uses for which building and structures may not be used or altered. 7. The location,
height, bulk, number of stories and size of buildings and other structures. 8. Location of roads
and schools. 9. Building setback lines. 10. The density and distribution of population. 11. The
percentage of a lot which may be occupied, size of yards, courts and other open spaces. 12.
Places, structures or objects with a special character, historic interest, aesthetic interest or other
significant value, historic landmarks and historic districts.647.

Statements of cultural or spiritual significance of water resources

Nibi (water) is sacred and is vital to all life within the environment, including human life and
especially to the lives of the Turtle Mountain Band of Chippewa Indians. Gichi Manitou, in our
Creation Story, breathed life into Nibi, our water, and gave us the water spirits to guide our
actions and to protect the water. Our traditional teachers reveal that the Chippewa women were
given the responsibility for protecting the water. To honor that role, the women will lead water

645 Id. at Section 30.0401.

646 Id. at Section 30.0405 (only relevant portions cited).

647 Turtle Mountain Band of Chippewa Indians of North Dakota, Tribal Code, Title 31 Zoning of Shorelands, Section 31.0602.
Available at https://tmchippewa.com/wp-content/uploads/TITLE-31-Zoning-of-Shorelands.pdf.

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ceremonies and to promote tribal water standards outlined in the [Turtle Mountain Band of
Chippewa Indians] Water Act. These guiding principals have led to the following declarations.648
Water has cultural, spiritual, social, environmental, health, and economic values that require
protection and we must guide the appropriate use and management of all resources affecting the
watershed and drainage basins of the Reservation and its allotted lands.649

venty-Nine Pair " ¦ sion Indians

Definition of "waters of the Tribe"

"Waters of the Tribe" means all ponds, streams, springs, sub-surface waters, seeps, wetlands,
canals, irrigation and drainage ditches, and all other surface and groundwaters which arise on,
border, transverse, or underlie the Twenty-Nine Palms Reservation or are otherwise within the
jurisdiction of the Tribe and which contain water at some point in the year and are connected to
other waters via surface or below ground flows. Figures 1 and 2 in Appendix D illustrate the
extent and location of Tribal waters and the interaction between surface water and groundwater
on the Reservation.650

"Tribal Waters" means all waters over which the Tribe has jurisdiction and that satisfy the
federal definition of "waters of the U.S." found at 40 CFR 122.2. See Section 1 - Purpose and
Authority.651

Definition of "wetlands"

"Wetland(s)" means any area that is inundated or saturated by surface or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances does support,
a prevalence of vegetation typically adapted for life in saturated soil conditions, such as swamps,
marshes, bogs, and similar areas. This includes wetlands created, restored, or enhanced as part of
a mitigation procedure. This does not include wetlands intentionally constructed from non-
wetland sites outside waters of the Reservation.652

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on October 26, 2006.653
Initial water quality standards were approved by EPA on August 20, 2015.

401 Certification

Found eligible to administer a water quality certification program (TAS) on October 26, 2006.
Other Novel Protections

The tribe's general water quality standards apply to wetlands.654

108. t Ite Moiiiitain t Ite Tribe

Definition of "waters of the tribe"

648 Id. at Section 30.0101.

649 Mat Section 30.0103.

650 Twenty-Nine Palms Band of Mission Indians, Tribal Water Quality Standards, Section 1.5.92. Version 1.0, July 16, 2015.
Available at https://www.epa.gov/sites/production/files/2015-09/documents/twentvninepalms-tribe.pdf.

651 Id. at Section 1.5.83.

652 Id. at Section 1.5.95.

653 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-twentv-nine-palms-band-mission-indians.

654 Twenty-Nine Palms Band of Mission Indians, Tribal Water Quality Standards, Section 1.6.1.

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"Tribal Waters (or Water Bodies)" means all waters over which the Tribe has jurisdiction and
that satisfy the federal definition of "waters of the U.S." found at 40 CFR 122.2. See Section 1,
Purpose and Authority.655

Definition of "wetlands"

"Wetland(s)" means an area that is inundated or saturated by surface or ground water at a
frequency and duration to support, and that under normal conditions does support, a prevalence
of vegetation typically adapted for life in saturated soil conditions. Wetlands are considered
Tribal Waters and generally include swamps, bogs, marshes, and similar areas.656

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on September 26, 2005.657
Initial water quality standards were approved by EPA on October 19, 2015.

401 Certification

Found eligible to administer a water quality certification program (TAS) on September 26, 2005.
Statements of cultural or spiritual significance of water resources

In the tribe's water quality standards, they have established a designated use for "Tribal cultural
use," which means waters that are used for Tribal ceremonial purposes and traditional activities.
Examples of water contact that may be associated with Tribal use include ingestion and body
contact. The preservation of the quality of these waters is important in the preservation of Ute
Culture.658

Other Novel Protections

The tribe has established water quality standards for wetlands: The Tribe recognizes that the
natural water quality of wetlands may differ from that of associated streams. Existing water
quality, uses and functions of wetlands will be protected.659

109. Walker River Paiute Tribe

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on February 29, 2016.660
Initial water quality standards have not been approved by EPA.

401 Certification

Found eligible to administer a water quality certification program (TAS) on February 29, 2016.

1 ntain Apache Tribe

Definition of "waters of the tribe"

655 Ute Mountain Ute Tribe, Water Quality Standards for Surface Waters, Section 3. January 20, 2011. Resolution # 2011-010.
Available at: https://www.epa.gov/sites/production/files/2014-12/documents/utewas.pdf.

656 Id.

657 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-ute-mountain-ute-tribe.

658 Ute Mountain Ute Tribe, Water Quality Standards for Surface Waters, Section 11.

659 Id. at Section 8.

660 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-walker-river-paiute-tribe

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"Waters" and "Waters of the White Mountain Apache Tribe" means all lakes, rivers, ponds,
streams, springs, sub-surface waters, seeps, wetlands, canals, irrigation and drainage ditches, and
all other surface and ground waters which arise on, border, transverse or underlie the Fort
Apache Reservation or are otherwise within the jurisdiction of the White Mountain Apache Tribe
and which contain water at some point in the year and are connected to other waters via surface
or below ground flows.661

Definition of "wetland"

"Wetland" means any area that is inundated or saturated by surface or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances does support,
a prevalence of vegetation typically adapted for life in saturated soil conditions, such as swamps,
marshes, bogs, and similar areas. This includes wetlands created, restored or enhanced as part of
a mitigation procedure. This does not include constructed wetlands intentionally constructed
from non-wetland sites outside waters of the Fort Apache Indian Reservation.662

Other Definitions

"Pollutant" means see "water contaminant."663

"Water contaminant" means any substance that alters the physical, chemical, or biological
qualities of water.664

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on February 3, 1997.665
Initial water quality standards were approved by EPA on September 27, 2001.

401 Certification

Found eligible to administer a water quality certification program (TAS) on February 3, 1997.
402-like Ordinance

The Environmental Planning Office shall implement and enforce this Ordinance, including but
not limited to the water quality standards and anti-degradation policy, by establishing and
maintaining controls on the discharge of pollutants to surface waters. The White Mountain
Apache Tribe may adopt additional regulations and Ordinances for enforcement of the Water
Quality Standards. Unless and until the White Mountain Apache Tribe asserts primary
responsibility for NPDES permitting, the EPA shall work together with the Tribe to develop,
issue and enforce permits for dischargers within the Reservation in accordance with standards set
forth in this Ordinance.666

Statements of cultural or spiritual significance of water resources

Tu, water, is one of the gifts of the Creator that is essential to the survival of the White Mountain
Apache People. Water is inseparable from our land and culture. Our homeland has always been
blessed with a great number of springs, streams, and meadows to sustain a diverse and vibrant
community of plants, wildlife, and people. We have always sought to protect our precious

661 White Mountain Apache Tribe, Environmental Code, Section 3.8(A)(78). Available at:
http://www.wmat.nsn.us/Legal/Environmental%20Code%20—%20051815%20IN%20EFFECT.pdf.

662 Id. at Section 3.8(A)(81).

663 Id. at Section 3.8(A)(63).

664 Id. at Section 3.8(A)(79).

665 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-white-mountain-apache-tribe

666 White Mountain Apache Tribe, Environmental Code, Chapter 3 Water Quality Protection, Section 3.3(A)(1).

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natural resources and special places. We recognize that we must assert full authority over all the
lands and waters of our Reservation to protect them from abuse. The standards for water quality
in this Tribal Ordinance will guide the protection of our waters for present and future
generations.667

The Clean Water Act also states that "it is the national goal that, wherever attainable, an interim
goal of water quality which provides for the protection and propagation of fish, shellfish, and
wildlife and provides for recreation in and on the water." Irrigation, primary contact, domestic
water supply (including municipal and industrial), groundwater recharge, plant gathering, fish
culture, and respect for culturally or religiously significant areas are other beneficial uses of the
Tribal waters intended to be protected by this Ordinance. Any contamination that may result
from such uses shall not lower the quality of the water below what is needed for life, including
human recreation and protection and propagation of fish and wildlife that depend on Tribal
waters.668

The Tribal Council may designate a water body as an Outstanding Tribal Resource Water due to
cultural value, the presence of archeological or historic sites, ecological or biological features,
scenic beauty, or other exceptional qualities of importance to the Tribe.669
In the tribe's water quality standards, they have established a designated use for "Ceremonial
Primary Contact." The standards for primary contact waters set forth in subparagraph J shall
apply to protect ceremonial uses.670

In the tribe's water quality standards, they have established a designated use for "Gathering of
Medicinal or Otherwise Culturally Significant Plants." The standards for Secondary Contact
Recreation shall be applied to protect this use. In addition, native riparian and wetland plants
shall not be removed without Tribal review and authorization, unless they are being gathered by
individual Tribal members for private use.671

In the tribe's water quality standards, they have established a designated use for "Cultural
Significance." Actions that disrespect waters of religious significance are prohibited. Potential
violations of this standard will be reviewed by the Cultural Advisory Committee. Any actions
that may affect these waters must be reviewed and approved under the Tribal Plan and Project
Review Process.672

Other Novel Protections

The tribe's general water quality standards apply to wetlands.673

111. Winnebago Tribe of Nebraska
303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on January 13, 2021.674
Initial water quality standards have not been approved by EPA.

667 Id. at Preamble.

668 Id. at Section 3.1 (A).

669 Id. at Section 3.2 (D) (3)

670 Id. at Section 3.6 (L).

671 Id. at Section 3.6 (M).

672 Id. at Section 3.6 (N).

673 Id. at Section 3.1 (C).

674 https://www.epa.gov/was-tech/water-qualitv-standards-regulations-winnebago-tribe-nebraska.

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401 Certification

Found eligible to administer a water quality certification program (TAS) on January 13, 2021.

1	ni Paiu be

303(c) Water Quality Standards

Found eligible to administer a water quality standards program (TAS) on February 13, 2020.675
Initial water quality standards have not been approved by EPA.

401 Certification

Found eligible to administer a water quality certification program (TAS) on February 13, 2020.

113. Yurok Tribe
Definition of "waters of the tribe"

"Waters of the Reservation" or "YIR waters" means any water, surface or underground,
contained within, flowing through or bordering upon the Yurok Indian Reservation [(YIR)] or
any portion thereof.676

Other Definitions

"Bodies of water" means any surface or groundwater located on or draining into the YIR
including: wetlands, ponds, lakes, streams, rivers, creeks, drainage ditches, culverts including
seasonal streams and wetlands.677

"Pollutant" means any substance that will alter the quality of the waters of the Reservation.678
402-like and 404-like Ordinance

The purpose of this Ordinance is to exercise comprehensive Tribal regulatory authority over all
surface and groundwater matters, and to protect fundamental Tribal cultural, ceremonial,
religious, fisheries, subsistence, seasonal residential, public health and safety, and water quality
issues by ensuring adequate drinking water, protecting beneficial uses, prohibiting all point
source discharges and restricting non-point source discharges of pollutants within the exterior
boundaries of the YIR.679

Unless otherwise dictated by enacting Tribal Resolution, the provisions of this Ordinance shall
apply to all existing and proposed point source and non-point source pollution discharges into
surface or ground waters, and to all activities which have the potential to affect cultural,
ceremonial, religious, fisheries, subsistence, seasonal residential, public health and safety, water
quality, and other fundamental interests of the Tribe.680

Permits Required. Any person who intends to alter or enlarge an existing activity described in
section 1.4 of this Ordinance, or to commence a new such activity, or who intends to cause or
direct such alteration, enlargement or commencement of such activities, shall prior to alteration,

675	https://www.epa.gov/was-tech/water-aualitv-standards-regulations-Yerington-paiute-tribe.

676	Yurok Tribe, Water Pollution Control Ordinance, Section 2. Available at:

http://www.vuroktribe.org/government/councilsupport/documents/FinalYurokWaterPollutionControlOrdinancel20705.pdf.

611 Id.

61iId.

679	Id. at Section 1.3.

680	Id. at Section 1.4.	

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or enlargement or commencement of such activities, apply for and obtain a valid permit from
[the Yurok Tribe Environmental Program], Information specifically regarding the permit process
for actions involving wetland may be found in the Wetland Conservation Plan.681

Statements of cultural or spiritual significance of water resources

Since time immemorial, the Klamath River, its tributary streams, its estuary, the streambeds
thereof, the riparian areas adjacent thereto and the Pacific Ocean, have been natural resources of
the most profound significance to the Tribe. Yurok people have always used these resources for
cultural, ceremonial, religious, fishery, subsistence, residential and other purposes fundamental
to the Tribe's way of life.682

The people of the Yurok Tribe have a primary interest in the protection, control, and
conservation of the water resources which flow into and through the YIR, and the quality of such
waters must be protected to insure the health, economic, aesthetic, and cultural well-being of the
Yurok People.683

Other Novel Protections

The tribal code establishes wellhead protection areas, including a Wellhead Protection Area Use
Permit.684

681	Id. at Section 4.1.

682	Id. at Section 1.2.1.

683	Id. at Section 1.2.2.

684	Id. at Section 5.	

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III. References

1. Legal References

Statutes: Federal

18 U.S.C. section 1151
25 U.S.C. section 1773(b)

33 U.S.C. section 1251 etseq.

33 U.S.C. section 1342
33 U.S.C. section 1344(g)

33 U.S.C. section 1362(7)

42 U.S.C. section 2011 et seq.

42 U.S.C. section 6903
42 U.S.C. 6903(27)

42 U.S.C. 6992 et seq.

H.R. Res. 6124, 110th Cong. (2008)

H.R. 1082, 119 (Ind. 2016)

011	Pollution Act of 1990, Pub. L. No. 101-380, section 1001(5), 104 Stat. 484, (1990)

Statutes: States, Tribes, and Other United States Jurisdictions

10 Guam Code Ann. section 46102(b)

10 Guam Code Ann. section 47103(i)

12	V.I. Code section 182(f)

12 V.I. Code section 186

12 V.I. Code section 901 et seq.

1989 Pa. Laws 169, No. 32
20 111. Comp. Stat. 830/

20	111. Comp. Stat. 830/l-6(a)

21	Guam Code Ann. section 63101
32 Pa. Cons. Stat, section 693.1 et seq.

335 PA Cons. Stat. Ch. 29D

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35 Pa. Cons. Stat, section 691.1
35 Pa. Cons. Stat, section 691.602
35 Pa. Cons. Stat, section 691.8
415 111. Comp. Stat. 5/25c-l
415 111. Comp. Stat. 5/3.550
415 111. Comp. Stat. 5/42
415 111. Comp. Stat, section 5/3.550
615 111. Comp. Stat. 5/

8 Grand Traverse Band Code. Section 302 (u)

8 Grand Traverse Band Code. Section 302 (yy)

8 Grand Traverse Band Code. Section 303

A.B. 377, 2021 Reg. Sess. (Cal. 2021)

Ala. Code section 22-22-1(2)

Ala. Code section 22-22-9

Alaska Stat, section 38.05

Alaska Stat, section 46.03.758-759

Alaska Stat, section 46.03.822

Alaska Stat, section 46.03.824

Alaska Stat, section 46.03.900(37)

Alaska Stat, section 46.08.005 et seq.

Ark. Code section 22-6-202

Ark. Code section 8-4-102(10)

Ark. Code section 8-4-103

Ark. Code section 8-7-509

Ark. Code section 8-7-514

Ariz. Rev. Stat section 1153

Ariz. Rev. Stat, section 37-1101

Ariz. Rev. Stat, section 37-1153

Ariz. Rev. Stat, section 41-1052

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Ariz. Rev. Stat, section 49-104

Ariz.

Rev.

Stat.

section 49-201(41)

Ariz.

Rev.

Stat.

section 49-203

Ariz.

Rev.

Stat.

section 49-262

Ariz.

Rev.

Stat.

section 49-282

Ariz.

Rev.

Stat.

section 49-285

Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation.
Wetland and Watercourse Protection Ordinance section 323.2. Resolution No. 12-16-09.138.
2009

Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation.
Wetland and Watercourse Protection Ordinance section 323.4 (aa). Resolution No. 12-16-
09.138. 2009

Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation.
Wetland and Watercourse Protection Ordinance section 323.4 (kk). Resolution No. 12-16-
09.138. 2009

Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation.
Wetland and Watercourse Protection Ordinance section 323.4 (LL). Resolution No. 12-16-
09.138. 2009

Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation.
Wetland and Watercourse Protection Ordinance section 323.5. Resolution No. 12-16-09.138.
2009

Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation.
Wetland and Watercourse Protection Ordinance section 323.7. Resolution No. 12-16-09.138.
2009

Bad River Reservation, Wetland and Watercourse Protection Ordinance, Resolution No. 12-16-
09.138 (2009)

Bishop Paiute Tribe. Ordinance No. 97-11 section 2(D). 1997
Bishop Paiute Tribe. Ordinance No. 97-11 section 2(F). 1997
Bishop Paiute Tribe. Ordinance No. 97-11 section 3. 1997

Blackfeet Tribe of the Blackfeet Indian Reservation of Montana. Aquatic Lands Protection
Ordinance No. 117 section 4.1. 2019

Blackfeet Tribe of the Blackfeet Indian Reservation of Montana. Aquatic Lands Protection
Ordinance No. 117, Article III. 2019

Blue Lake Rancheria. Water Quality Ordinance No. 00-07 section 2(h). 2000
Blue Lake Rancheria. Water Quality Ordinance No. 00-07 section 2(i). 2000

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Blue Lake Rancheria. Water Quality Ordinance No. 00-07 section 4. 2000

Cal. Gov't Code section 8670.46

Cal. Gov't Code section 8670.48

Cal. Gov't Code section 8670.56.5

Cal. Gov't Code section 8670.66

Cal. Gov't Code section 8670.67

Cal. Health & Safety Code section 25270 etseq.

Cal. Pub. Res. Code section 30000 et seq.

Cal. Pub. Res. Code section 30121

Cal. Water Code section 13000 et seq.

Cal. Water Code section 13050(e)

Cherokee Nation. Tribal Code section 201(14)

Cherokee Nation. Tribal Code section 204

Cheyenne-Arapaho Tribes of Oklahoma. Law and Order Code section 11(D).566
Citizen Potawatomi Nation. Tribal Code section 12-5-169

Colo.

Rev.

Stat.

section

25-8-103(19)

Colo.

Rev.

Stat.

section

25-8-104

Colo.

Rev.

Stat.

section

25-8-202(8)

Colo.

Rev.

Stat.

section

25-8-504

Colo.

Rev.

Stat.

section

34-60-121

Colo.

Rev.

Stat.

section

34-60-124

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Aquatic Lands
Conservation Ordinance No. 87 (A). 1986.

http://www.csktnrd.org/component/rsfiles/download?path=EP%252F87areg.pdf

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Aquatic Lands
Conservation Ordinance No. 87 (A) part I section 1.4(o). 1986

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Aquatic Lands
Conservation Ordinance No. 87 (A) part II section 2. 1986

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Aquatic Lands
Conservation Ordinance No. 87 (A) part III section 1(1). 1986

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Aquatic Lands
Conservation Ordinance No. 87 (A) part IV section 1. 1986

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Confederated Salish and Kootenai Tribes of the Flathead Reservation. Aquatic Lands
Conservation Ordinance No. 87 (A) section IILl.m. 1986

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Shoreline Protection
Ordinance No. 64 (A). 2018

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Shoreline Protection
Ordinance No. 64 (A) section 2(e). 2018

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Shoreline Protection
Ordinance No. 64 (A) section 3(a). 2018

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Shoreline Protection
Ordinance No. 64 (A) section 3(b). 2018

Confederated Tribes

and

Bands

of the

Yakama Nation

Title

LX

(60

- Water

Code

at 60.01.01

Confederated Tribes
60.01.03(b)(3)

and

Bands

of the

Yakama Nation

Title

LX

(60

- Water

Code

at



Confederated Tribes
60.15.13(a)(1)

and

Bands

of the

Yakama Nation

Title

LX

(60

- Water

Code

at



Confederated Tribes
60.01.05(dd)

and

Bands

of the

Yakama Nation

Title

LX

(60

- Water

Code

at



Confederated Tribes
60.01.05(z)

and

Bands

of the

Yakama Nation

Title

LX

(60

- Water

Code

at



Confederated Tribes
60.09.23(c)

and

Bands

of the

Yakama Nation

Title

LX

(60

- Water

Code

at



Confederated Tribes

and

Bands

of the

Yakama Nation

Title

LX

(60

- Water

Code

at 60

11.03

Confederated Tribes

and

Bands

of the

Yakama Nation

Title

LX

(60

- Water

Code

at 60

15.01

Confederated Tribes

and

Bands

of the

Yakama Nation

Title

LX

(60

- Water

Code

at 60

15.03

Confederated Tribes
60.15.05(a)

and

Bands

of the

Yakama Nation

Title

LX

(60

- Water

Code

at



Confederated Tribes
60.15.05(c)

and

Bands

of the

Yakama Nation

Title

LX

(60

- Water

Code

at



Confederated Tribes
60.15.05(d)

and

Bands

of the

Yakama Nation

Title

LX

(60

- Water

Code

at



Confederated Tribes

and

Bands

of the

Yakama Nation

Title

LX

(60

- Water

Code

at



60.15.07(b)(2)

Confederated Tribes of the Colville Reservation. Tribal Code section 4-15-13
Confederated Tribes of the Colville Reservation. Tribal Code section 4-15-15 (c)(1)

Confederated Tribes of the Colville Reservation. Tribal Code section 4-15-15 (c)(10)

Supplementary Material to the Economic Analysis for Final "Revised Definition of 'Waters of the United
States'" Rule	December 2022

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Confederated

Tribes

of the

Confederated

Tribes

of the

Confederated

Tribes

of the

Confederated

Tribes

of the

Confederated

Tribes

of the

Confederated

Tribes

of the

Confederated

Tribes

of the

Confederated

Tribes

of the

Confederated

Tribes

of the

Confederated

Tribes

of the

Confederated

Tribes

of the

Confederated

Tribes

of the

Confederated

Tribes

of the

Confederated

Tribes

of the

Confederated

Tribes

of the

Confederated

Tribes

of the

Confederated

Tribes

of the

Confederated

Tribes

of the

Confederated

Tribes

of the

Confederated

Tribes

of the

Confederated

Tribes

of the

Confederated

Tribes

of the

Confederated

Tribes

of the

Confederated

Tribes

of the

Confederated

Tribes

of the

Confederated

Tribes

of the

Confederated

Tribes

of the

Confederated

Tribes

of the

Confederated

Tribes

of the

ille Reservation. Tribal Code section 4-15-17 (b)(12)
ille Reservation. Tribal Code section 4-15-17 (b)(14)
ille Reservation. Tribal Code section 4-15-4 (gg)
ille Reservation. Tribal Code section 4-15-4 (kk)
ille Reservation. Tribal Code section 4-15-4(bbb)
ille Reservation. Tribal Code section 4-15-7 (b)(ll)
ille Reservation. Tribal Code section 4-15-7 (b)(15)
ille Reservation. Tribal Code section 4-15-7 (b)(5)
ille Reservation. Tribal Code section 4-15-7 (b)(7)
ille Reservation. Tribal Code section 4-5-4 (ss)
ille Reservation. Tribal Code section 4-6-2 (b)
ille Reservation. Tribal Code section 4-6-4
ille Reservation. Tribal Code section 4-7-5 (a)
ille Reservation. Tribal Code section 4-7-5 (c)
ille Reservation. Tribal Code section 4-7-5 (d)
ille Reservation. Tribal Code section 4-8-4 (o)
ille Reservation. Tribal Code section 4-8-4 (s)
ille Reservation. Tribal Code section 4-8-9
ille Reservation. Tribal Code section 4-9-3 (11)
ille Reservation. Tribal Code section 4-9-3 (q)
ille Reservation. Tribal Code section 4-9-3 (r)
ille Reservation. Tribal Code section 4-9-3(nn)
ille Reservation. Tribal Code section 4-9-5
ille Reservation. Tribal Code section 4-9-6 (a)
ille Reservation. Tribal Code section 4-9-7 (g)

Supplementary Material to the Economic Analysis for Final "Revised Definition of 'Waters of the United
States'" Rule	December 2022

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-------
Confederated

Tribes

of the

Umatil

a Indian

Reservation.

Water

Code

section 1

07(A)(20)

Confederated

Tribes

of the

Umatil

a Indian

Reservation.

Water

Code

section 1

07(A)(37)

Confederated

Tribes

of the

Umatil

a Indian

Reservation.

Water

Code

section 1

07(A)(42)

Confederated

Tribes

of the

Umatil

a Indian

Reservation.

Water

Code

section 1

07(A)(43)

Confederated

Tribes

of the

Umatil

a Indian

Reservation.

Water

Code

section 1

07(A)(44)

Confederated

Tribes

of the

Umatil

a Indian

Reservation.

Water

Code

section 1

07(A)(58)

Confederated

Tribes

of the

Umatil

a Indian

Reservation.

Water

Code

section 1

07(A)(66)

Confederated

Tribes

of the

Umatil

a Indian

Reservation.

Water

Code

section 1

07(A)(67)

Confederated

Tribes

of the

Umatil

a Indian

Reservation.

Water

Code

section 1

11(A)(1)

Confederated

Tribes

of the

Umatil

a Indian

Reservation.

Water

Code

section 1

11(A)(2)

Confederated

Tribes

of the

Umatil

a Indian

Reservation.

Water

Code

section 1

11(A)(3)

Confederated

Tribes

of the

Umatil

a Indian

Reservation.

Water

Code

section 1

11(A)(4)

Confederated

Tribes

of the

Umatil

a Indian

Reservation.

Water

Code

section 1

11(A)(5)

Confederated

Tribes

of the

Umatil

a Indian

Reservation.

Water

Code

section 1

11(A)(6)

Confederated

Tribes

of the

Umatil

a Indian

Reservation.

Water

Code

section 3

04(A)

Conn.

Gen.

Stat.

section 22a-29

Conn.

Gen.

Stat.

section 22a-359 et seq.

Conn.

Gen.

Stat.

section 22a-36 et seq.

Conn.

Gen.

Stat.

section 22a-38

Conn.

Gen.

Stat.

section 22a-423

Conn.

Gen.

Stat.

section 22a-438

Conn.

Gen.

Stat.

section 22a-452

Conn.

Gen.

Stat.

section 22a-90 et seq.

Conn.

Gen.

Stat.

section 29-291 et seq.

D C. Code section 8-103.01(26)
Del. Code tit. 7, section 6205
Del. Code tit. 7, section 6207
Del. Code tit. 7, section 6601 et seq.
Del. Code tit. 7, section 7201 et seq.

Supplementary Material to the Economic Analysis for Final "Revised Definition of 'Waters of the United
States'" Rule	December 2022

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Del. Code tit. 7, sections 6205, 6207

Dry Creek Rancheria Band of Pomo Indians. Environmental Code, 2 DCR Appendix A
Dry Creek Rancheria Band of Pomo Indians. Environmental Code, 2 DCR section 1.4
Dry Creek Rancheria Band of Pomo Indians. Environmental Code, 2 DCR section 2(A)
Dry Creek Rancheria Band of Pomo Indians. Environmental Code, 2 DCR section 2(AA)
Dry Creek Rancheria Band of Pomo Indians. Environmental Code, 2 DCR section 2(P)
Dry Creek Rancheria Band of Pomo Indians. Environmental Code, 2 DCR section 2(Q)
Dry Creek Rancheria Band of Pomo Indians. Environmental Code, 2 DCR section 8.1
Eastern Band of Cherokee Indians. Ordinance No. 622. 2017.

https://librarystage.municode.com/tribes and tribal nations/eastern band of cherokee indians/
ordinances/code of ordinances?nodeId=857538

Eastern Band of Cherokee Indians. Ordinance No. 622 section 113E-l(a). 2017.
https://librarystage.municode.com/tribes and tribal nations/eastern band of cherokee indians/
ordinances/code of ordinances?nodeId=857538

Eastern Band of Cherokee Indians. Tribal Code Section 113E-3

Eastern Band of Cherokee Indians. Tribal Code Section 131-3

Fla. Stat, section 161.011 et seq.

Fla. Stat, section 373.019

Fla. Stat, section 373.019(21)

Fla. Stat, section 373.019(22)

Fla. Stat, section 373.019(27)

Fla. Stat, section 373.023

Fla. Stat, section 373.403 et seq.

Fla. Stat, section 373.406

Fla. Stat, section 373.414

Fla. Stat, section 373.4145

Fla. Stat, section 376.11

Fla. Stat, section 376.12

Fla. Stat, section 376.121

Fla. Stat, section 376.16

Fla. Stat, section 403.031(13)

Supplementary Material to the Economic Analysis for Final "Revised Definition of 'Waters of the United
States'" Rule	December 2022

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Fla. Stat, section 403.804

Fla. Stat, section 403.813

Fond du Lac Band of the Minnesota Chippewa Tribe. Land Use Ordinance #02/07 section 603.
2007. Available at http://www.fdlrez.com/government/ords/02-07ord.pdf

Fond du Lac Band of the Minnesota Chippewa Tribe. Water Quality Standards of the Fond du
Lac Reservation Ordinance No. 12/98 section 201(oo). 2001

Fond du Lac Band of the Minnesota Chippewa Tribe. Water Quality Standards of the Fond du
Lac Reservation Ordinance No. 12/98 section 201(pp). 2001

Fond du Lac Band of the Minnesota Chippewa Tribe. Wetlands Protection and Management
Ordinance #03/06 section 102. 2006

Fond du Lac Band of the Minnesota Chippewa Tribe. Wetlands Protection and Management
Ordinance #03/06 section 201(aaa). 2006

Fond du Lac Band of the Minnesota Chippewa Tribe. Wetlands Protection and Management
Ordinance #03/06 section 201(k). 2006

Fond du Lac Band of the Minnesota Chippewa Tribe. Wetlands Protection and Management
Ordinance #03/06 section 201(p). 2006

Fond du Lac Band of the Minnesota Chippewa Tribe. Wetlands Protection and Management
Ordinance #03/06 section 302. 2006

Ga.

Code

Ann.

12-14-4

Ga.

Code

Ann.

12-5-51

Ga.

Code

Ann.

section 120-3-11

Ga.

Code

Ann.

section 12-5-22(13)

Ga.

Code

Ann.

section 12-7-3(16)

Ga.

Code

Ann.

sections 12-5-280 et seq.

Gila River Indian Community of the Gila River Indian Reservation. Wastewater and Reclaimed
Water Management Ordinance No. GR-04-16 section 15.601.E.4. 2016

Gila River Indian Community of the Gila River Indian Reservation. Wastewater and Reclaimed
Water Management Ordinance No. GR-04-16 section 15.601.F. 2016

Gila River Indian Community of the Gila River Indian Reservation. Wastewater and Reclaimed
Water Management Ordinance No. GR-04-16 section 15.602.A.71. 2016

Gila River Indian Community of the Gila River Indian Reservation. Wastewater and Reclaimed
Water Management Ordinance No. GR-04-16 section 15.602.A.78. 2016

Haw. Rev. Stat, section 128D-2

Haw. Rev. Stat, section 128D-5

Supplementary Material to the Economic Analysis for Final "Revised Definition of 'Waters of the United
States'" Rule December 2022

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Haw. Rev. Stat, section 128D-6
Haw. Rev. Stat, section 128D-8
Haw. Rev. Stat, section 174C-91 et seq.
Haw. Rev. Stat, section 205A-21 et seq.
Haw. Rev. Stat, section 342D-1
Haw. Rev. Stat, section 342D-53
H.B. 158., 134 (N.H., 2021)
H.B. 175. 2021 Reg. Sess. (Ohio, 2021)
H.B. 594. 2021 Reg. Sess. (Miss. 2021)
H.B. 707,112 (Tenn. 2021)

H.B. 2691, 55 (Ariz. 2021)

Hoopa Valley

Tribe.

Pollutant Discharge

Prohibition

Ordinance

3-95

section

1.2(A). 1995

Hoopa Valley

Tribe.

Pollutant Discharge

Prohibition

Ordinance

3-95

section

1.4. 1995

Hoopa Valley

Tribe.

Pollutant Discharge

Prohibition

Ordinance

3-95

section

2.1995

Hoopa Valley

Tribe.

Pollutant Discharge

Prohibition

Ordinance

3-95

section

35.1. 1995

Hoopa Valley

Tribe.

Pollutant Discharge

Prohibition

Ordinance

3-95

section

35.4. 1995

Hoopa Valley

Tribe.

Pollutant Discharge

Prohibition

Ordinance

3-95

section

4.1. 1995

Hoopa Valley

Tribe.

Pollutant Discharge

Prohibition

Ordinance

3-95

section

6.1(0). 1995

Hoopa Valley Tribe. Tribe Riparian Protection and Surface Mining Practices Ordinance 3-92
section 35.2.18. 1992

Hoopa Valley Tribe. Tribe Riparian Protection and Surface Mining Practices Ordinance 3-92
section 35.2.24. 1992

H.S.I, 250 (Del, 2020)

Hualapai Indian Tribe of the Hualapai Indian Reservation. Hualapai Water Resources Ordinance
section 110.LL. 2009

Hualapai Indian Tribe of the Hualapai Indian Reservation. Hualapai Water Resources Ordinance
section 110.MM. 2009

Hualapai Indian Tribe of the Hualapai Indian Reservation. Hualapai Water Resources Ordinance
section 110.P. 2009

Hualapai Indian Tribe of the Hualapai Indian Reservation. Hualapai Water Resources Ordinance
section 110.PP. 2009

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States'" Rule December 2022

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Hualapai Indian Tribe of the Hualapai Indian Reservation,
section 110.UU. 2009

Hualapai Indian Tribe of the Hualapai Indian Reservation,
section 110.WW. 2009

Hualapai Indian Tribe of the Hualapai Indian Reservation,
section 604. 2009

Hualapai Indian Tribe of the Hualapai Indian Reservation,
section 610.TT. 2009

Hualapai Indian Tribe of the Hualapai Indian Reservation,
section 701. A. 2009

Idaho Code section 39-103(18)

Idaho Code section 39-107D

Idaho Code section 39-3601

Idaho Code section 42-3801 et seq.

Idaho Code section 58-1301 et seq.

Ind.

Code

section

13-11-2-221.5

Ind.

Code

section

13-11-2-265

Ind.

Code

section

13-11-2-265.7

Ind.

Code

section

13-11-2-74.5

Ind.

Code

section

13-14-9-3

Ind.

Code

section

13-14-9-4

Ind.

Code

section

13-18-22-1 et seq.

Ind.

Code

section

13-24-1-4

Ind.

Code

section

13-25-4-2

Ind.

Code

section

13-30-4-1

Ind.

Code

section

14-26-2-1 et seq.

Ind.

Code

section

14-28-1

Iowa Code section 101.1 et seq.
Iowa Code section 455B. 105(3)
Iowa code section 455B.171
Iowa Code section 455B.173

Supplementary Material to the Economic Analysis for Final "Revised Definition of 'Waters of the United
States'" Rule	December 2022

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Hualapai Water Resources Ordinance
Hualapai Water Resources Ordinance
Hualapai Water Resources Ordinance
Hualapai Water Resources Ordinance
Hualapai Water Resources Ordinance

-------
Iowa Code section 455B.191

Iowa Code section 455B.261 et seq.

Iowa Code section 455B.392

Iowa Code section 455B.423

Iowa Code section 456B. 1

Iowa Code section 459.311

Iowa Code section 481 A. 151

Jicarilla Apache Nation Code section 14-3-2

Jicarilla Apache Nation Code section 14-3-4 (D)

Jicarilla Apache Nation Code section 21-5-5

Jicarilla Apache Nation Code section 21-6-1 (A)

Jicarilla Apache Nation Code section 21-6-3(D)

Kan. Stat, section 24-126

Kan. Stat, section 65-161(a)

Kan. Stat, section 65-171

Kan. Stat, section 82a-301 et seq.

Kashia Band of Pomo

Indians of the

Stewarts

Point Rancheria.

Ordinance

No.

section

Kashia Band of Pomo

Indians of the

Stewarts

Point Rancheria.

Ordinance

No.

section

2(D)

Kashia Band of Pomo

Indians of the

Stewarts

Point Rancheria.

Ordinance

No.

section

2(F[sic])

Kashia Band of Pomo

Indians of the

Stewarts

Point Rancheria.

Ordinance

No.

section

2(G)

Kashia Band of Pomo

Indians of the

Stewarts

Point Rancheria.

Ordinance

No.

section

Ky.

Rev.

Stat.

section

13A.120

Ky.

Rev.

Stat.

section

13A.245

Ky.

Rev.

Stat.

section

151.250

Ky.

Rev.

Stat.

section

224.1-010(32)

Ky.

Rev.

Stat.

section

224.1-070

Ky.

Rev.

Stat.

section

224.1-400(15)

Ky.

Rev.

Stat.

section

224.46-580

Ky.

Rev.

Stat.

section

224.99-010

Supplementary Material to the Economic Analysis for Final "Revised Definition of 'Waters of the United
States'" Rule December 2022

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La. Stat, section 30:2073(7)

La. Stat, section 41:1701 et seq.

La. Stat, section 30:2479

La. Stat, section 30:2483

La. Stat, section 30:2488

La. Stat, section 30:2491

La. Stat, section 49:214.21 et seq.

Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin. Tribal Code of Law
section 7.105(1)

Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin. Tribal Code of Law
section 7.105(2)

Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin. Tribal Code of Law
section 7.501

Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation
of Wisconsin. Tribal Code section 23.108(18)

Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation
of Wisconsin. Tribal Code section 23.108(5)

Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation
of Wisconsin. Tribal Code section 23.301

Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation
of Wisconsin. Tribal Code section 23.501

Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation
of Wisconsin. Tribal Code section 23.703

Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation
of Wisconsin. Tribal Code section 23.802

Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation
of Wisconsin. Tribal Code section 23.804

LAC Environmental Regulatory Code tit. 33, part 9, subpart 1

Lummi Tribe of the Lummi Reservation. Tribal Code section 17.05.020

Lummi Tribe of the Lummi Reservation. Tribal Code section 17.05.060(f)

Lummi Tribe of the Lummi Reservation. Tribal Code section 17.05.060(g)

Lummi Tribe of the Lummi Reservation. Tribal Code section 17.05.010(a)

Lummi Tribe of the Lummi Reservation. Tribal Code section 17.05.010(b)

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States'" Rule December 2022

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Lummi Tribe of the Lummi Reservation. Tribal Code section 17.06.010(a)

Lummi Tribe of the Lummi Reservation. Tribal Code section 17.06.020

Lummi Tribe of the Lummi Reservation. Tribal Code section 17.06.030

Lummi Tribe of the Lummi Reservation. Tribal Code section 17.06.090

Lummi Tribe of the Lummi Reservation. Tribal Code section 17.07.010(a)

Lummi Tribe of the Lummi Reservation. Tribal Code section 17.08.010(f)

Lummi Tribe of the Lummi Reservation. Tribal Code section 17.09.010

Mass. Gen. Laws ch. 130, section 105

Mass. Gen. Laws ch. 21M, section 8

Mass. Gen. Laws ch. 131, section 40

Mass. Gen. Laws ch. 21, section 26A

Mass. Gen. Laws ch. 21E, section 11

Mass. Gen. Laws ch. 2IE, section 5

Mass. Gen. Laws ch. 91

Md. Code, Envir. section 16-101 et seq.

Md. Code, Envir. section 16-101(p)

Md. Code, Envir. section 4-408

Md. Code, Envir. section 4-409

Md. Code, Envir. section 4-411

Md. Code, Envir. section 4-417

Md. Code, Envir. section 4-418

Md. Code, Envir. section 5-101(1)

Md. Code, Envir. section 5-501 et seq.

Md. Code, Envir. section 5-901 et seq.

Md. Code, Envir. section 5-90l(m)

Me. Stat. tit. 25, section 2482

Me. Stat. tit. 38, section 341-H(3)

Me. Stat. tit. 38, section 361-A(7)

Me. Stat. tit. 38, section 480-A et seq.

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States'" Rule	December 2022

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Me. Stat. tit. 38, section 480-B
Me. Stat. tit. 38, section 551
Me. Stat. tit. 38, section 552

Menominee Indian Tribe of Wisconsin. Tribal Code section 512-1. A

Menominee Indian Tribe of Wisconsin. Tribal Code section 512-32. C

Menominee Indian Tribe of Wisconsin. Tribal Code section 512-5

Menominee Indian Tribe of Wisconsin. Tribal Code section 512-7.C

Menominee Indian Tribe of Wisconsin. Tribal Code section 512-7.D

Mich. Comp. Laws section 24.232

Mich. Comp. Laws section 24.245

Mich. Comp. Laws section 29.1 et seq.

Mich. Comp. Laws section 324.2010

Mich. Comp. Laws section 324.20119

Mich. Comp. Laws section 324.20126a

Mich. Comp. Laws section 324.30301(n)

Mich. Comp. Laws section 324.3101

Minn. Stat, section 103G

Minn. Stat, section 103G.005-17

Minn. Stat, section 103G.005-19

Minn. Stat, section 103G.2375

Minn. Stat, section 115.03-22

Minn. Stat, section 115B.17

Minn. Stat, section 116.07

Minn. Stat, section 116.155

Miss. Code section 29-15-1 et seq.

Miss. Code section 49-17-34(2)

Miss. Code section 49-17-43

Miss. Code section 49-17-5(f)

Miss. Code section 49-27-1 et seq.

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States'" Rule	December 2022

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Miss. Code section 49-27-5
Miss. Code section 49-27-5(a)

Mo. Rev. Stat, section 260.530, 260.535
Mo. Rev. Stat, section 644.016(27)

5-211(a)
5-211(b)
5-211(d)
5-211(h)
5-211 (j)
Mont. Code section 75-5-103
Mont. Code section 75-5-203
Mont. Code section 75-5-309
Mont. Code section 75-5-63
Mont. Code section 75-5-635
Mont. Code section 75-6-116
Mont. Code sections 75-7-101 et seq.

Mont. Code sections 75-7-201 et seq.

N.C.

Gen.

Stat.

113A-100 et seq.

N.C.

Gen.

Stat.

143-212(6)

N.C.

Gen.

Stat.

section

113-229

N.C.

Gen.

Stat.

section

113A-100 et seq.

N.C.

Gen.

Stat.

section

143-215.87

N.C.

Gen.

Stat.

section

143-215.88

N.C.

Gen.

Stat.

section

143-215.88A

N.C.

Gen.

Stat.

section

143-215.90

N.C.

Gen.

Stat.

section

143-215.93

N.C.

Gen.

Stat.

section

143-215.95 et seq.

N.C.

Gen.

Stat.

section

150B-19.3

N.D.

Admin. Code 89-10-01-34

Mohegan Tribe of Indians of Connecticut. Tribal Code section
Mohegan Tribe of Indians of Connecticut. Tribal Code section
Mohegan Tribe of Indians of Connecticut. Tribal Code section
Mohegan Tribe of Indians of Connecticut. Tribal Code section
Mohegan Tribe of Indians of Connecticut. Tribal Code section

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N.D. Cent. Code section 23-01-04.1

N.D. Cent. Code section 61-01-01

N.D. Cent. Code section 61-03

N.D. Cent. Code section 61-31-02 (7)

N.D. Cent. Code section 61-33

N.D. Cent. Code, section 23-20.3-05.1

N.D. Cent. Code, section 23-20.3-09

N.D. Cent. Code, section 23-31-01

N.D. Cent. Code, section 23-37-12

N.H. Rev. Stat, chapter 146-A

N.H. Rev. Stat, chapter 482-A

N.H. Rev. Stat, section 482-A:2

N.H. Rev. Stat, section 485-A:l

N.H. Rev. Stat, section 485-A:2(XIV)

N.J. Rev. Stat, section 13:9A-1 et seq.

N.J. Rev. Stat, section 13:9A-2

N.J. Rev. Stat, section 13:9B-3

N.J. Rev. Stat, section 58:10-23.11

N.J. Rev. Stat, section 58:lA-3

N.M. Stat, section 72-1-1

N.M. Stat, section 74-4-10

N.M. Stat, section 74-4-7

N.M. Stat, section 74-4-8

N.M. Stat, section 74-6-2

N. Y. Env. Law article 24

N.Y. Env. Law section 15-0501 et seq.

N.Y. Env. Law section 24-0101 et seq.

N.Y. Env. Law section 25-0101 et seq.

N.Y. Envtl. Conserv. section 17-0105(2)

Supplementary Material to the Economic Analysis for Final "Revised Definition of 'Waters of the United
States'" Rule	December 2022

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N.Y. Envtl. Conserv. section 17-1001 et seq.

N.Y. Envtl. Conserv. section 24-0107(1)

N.Y. Envtl. Conserv. section 25-0103(1)

N.Y. Nav. Law section 12

N.Y. Nav. Law section 171

N.Y. Nav. Law section 189

Navajo Nation. Tribal Code section 102(a)(21)

Navajo Nation. Tribal Code section 102(a)(43)

Navajo Nation. Tribal Code section 102(a)(44)

Navajo Nation. Tribal Code section 102(a)(9)

Navajo Nation. Tribal Code section 409.3-l(k)

Navajo Nation. Tribal Code section 409.4-4

Navajo Nation. Tribal Code section 409.4-7

Navajo Nation. Tribal Code section 409.6-1

Navajo Nation. Tribal Code section 409.4-12

Navajo Nation. Tribal Code section 605.10-1

Navajo Nation. Tribal Code section 605.12-1

Navajo Nation. Tribal Code section 605.8-3

Neb. Rev. Stat, section 81-1502(21)

Neb. Rev. Stat, section 81-1508

Nev. Rev. Stat, section 233B.0603(l)(a)(9)

Nev. Rev. Stat, section 233B.0609(6)

Nev. Rev. Stat, section 233B.066(l)(i)

Nev. Rev. Stat, section 322.100 et seq.

Nev. Rev. Stat, section 445A.415

Nev. Rev. Stat, section 445A.700

Nev. Rev. Stat, section 445C.310

Nisqually Indian Tribal Code section 14.02.01 (a)

Nisqually Indian Tribal Code section 14.02.01 (n)

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Nisqually Indian Tribal Code section 14.02.01 (w)

Nisqually Indian Tribal Code section 14.02.01 (y)

Nisqually Indian Tribal Code section 14.02.01 (y)(i)(D)

Nisqually Indian Tribal Code section 14.03.03

Nisqually Indian Tribal Code section 14.06.01

Nisqually Indian Tribal Code section 14.06.04

Nisqually Indian Tribal Code section 14.06.05

Nisqually Indian Tribal Code section 14.13.06

Nisqually Indian Tribal Code section 14.16.10

Ohio Rev. Code section 121.39

Ohio Rev. Code section 1501.30(A)(6)

Ohio Rev. Code section 1506

Ohio Rev. Code sections 3745.12-13

Ohio Rev. Code section 6111.02(P)

Okla. Stat. tit. 27A, section 1-1-201 (20)

Okla. Stat. tit. 27A, section 1-1-206

Okla. Stat. tit. 27A, section 2-7-129

Or.

Rev.

Stat.

section 183.332

Or.

Rev.

Stat.

section 196.800(15)

Or.

Rev.

Stat.

section 196.800 et seq.

Or.

Rev.

Stat.

section 196.672(4)

Or.

Rev.

Stat.

section 196.672(5)

Or.

Rev.

Stat.

section 468B.005

Or.

Rev.

Stat.

section 468B. 110(2)

Or.

Rev.

Stat.

section 468B.310

Or.

Rev.

Stat.

section 468B.320

Or.

Rev.

Stat.

section 468B.45

Or.

Rev.

Stat.

section 468B.455

P.R. Laws act 416, tit. 2, section 1301.1

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States'" Rule	December 2022

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P.R. Laws tit. 12, section 5005

Pawnee Nation of Oklahoma Law and Order Code Title XI section 19.02
Pawnee Nation of Oklahoma Law and Order Code Title XII section 007(aa)

Pawnee Nation of Oklahoma Law and Order Code Title XII section 007(e)

Pawnee Nation of Oklahoma Law and Order Code Title XII section 007(r)

Pawnee Nation of Oklahoma Law and Order Code Title XII section 007(s)

Pawnee Nation of Oklahoma Law and Order Code Title XII Section 401(c)(8)

Pawnee Nation of Oklahoma Law and Order Code Title XII section 401(d)

Pawnee Nation of Oklahoma Law and Order Code Title XII section 402(j)

Pawnee Nation of Oklahoma Law and Order Code Title XII section 402(r)

Pawnee Nation of Oklahoma Law and Order Code Title XII section 402(u)

Pawnee Nation of Oklahoma Law and Order Code Title XII section 402(v)

Pawnee Nation of Oklahoma Law and Order Code Title XII section 403(b)

Pawnee Nation of Oklahoma Law and Order Code Title XII section 403(c)

Pawnee Nation of Oklahoma Law and Order Code Title XII section 404
Pawnee Nation of Oklahoma Law and Order Code Title XII section 408
Pawnee Nation of Oklahoma Law and Order Code Title XII section 502
Pawnee Nation of Oklahoma Law and Order Code Title XII section 902
Pawnee Nation of Oklahoma Law and Order Code Title XII section 905(a)

Pawnee Nation of Oklahoma Law and Order Code Title XII section 905
Pawnee Nation of Oklahoma Law and Order Code Title XII section 512
Pit River Tribe. Tribal Code, section 15.1.103(A)(3)

Pit River Tribe. Tribal Code, section 15.1.202(A)

Pit River Tribe. Tribal Code, section 15.1.204(A)(68)

Poarch Band of Creeks Tribal Code section 26-1-2 (e)

Poarch Band of Creeks Tribal Code section 26-1-2 (h)

Poarch Band of Creeks Tribal Code section 26-1-2 (m)

Poarch Band of Creeks Tribal Code section 26-1-2 (t)

Poarch Band of Creeks Tribal Code section 26-3-11 (a)

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States'" Rule	December 2022

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Poarch Band of Creeks Tribal Code section 26-4-2 (b)

Poarch Band of Creeks Tribal Code section 26-4-2 (1)

Poarch Band of Creeks Tribal Code section 26-4-3 (b)

Poarch Band of Creeks Tribal Code section 26-4-3 (b)(2)

Poarch Band of Creeks Tribal Code section 26-4-10
Poarch Band of Creeks Tribal Code section 26-4-13

Pokagon Band of Potawatomi Indians. Health and Safety Act section 2.04. 2015

Port Gamble S'Klallam Tribal Code section 24.01.01

Port Gamble S'Klallam Tribal Code section 24.01.02 (h)

Port Gamble S'Klallam Tribal Code section 24.01.02

Port Gamble S'Klallam Tribal Code section 24.04.04

Port Gamble S'Klallam Tribal Code section 24.08.01(c)

Puyallap Tribe of the Puyallup Reservation Tribal Code section 10.08.020 (g)

Puyallap Tribe of the Puyallup Reservation Tribal Code section 10.08.020 (aa)

Puyallap Tribe of the Puyallup Reservation Tribal Code section 15.16.030 (aa)

Puyallap Tribe of the Puyallup Reservation Tribal Code section 15.16.050

Puyallap Tribe of the Puyallup Reservation Tribal Code section 15.16.070

Quinault Indian Nation Tribal Code section 61.03.010 (o)

Quinault Indian Nation Tribal Code section 61.03.010 (t)

Quinault Indian Nation Tribal Code section 61.03.010 (bb)

Quinault Indian Nation Tribal Code section 61.05.010 (a)

Quinault Indian Nation Tribal Code section 61.07.010 (a)

Quinault Indian Nation Tribal Code section 61.07.010 (d)

R.I. Gen. Laws section 2-1-18 et seq.

R.I. Gen. Laws section 2-1-20

R.I. Gen. Laws section 46-12.5.1-6

R.I. Gen. Laws section 46-12.5.1-7

R.I. Gen. Laws section 46-12.7-2.1

R.I. Gen. Laws section 46-12-1

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States'" Rule	December 2022

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R.I.

Gen. Laws

section 46-23-1 et seq.

R.I.

Gen. Laws

section 46-23-6

Red

Cliff Band

of Lake Superior Chippewa

Indians

of Wisconsin

Tribal

Code

section

11.2.23

Red

Cliff Band

of Lake Superior Chippewa

Indians

of Wisconsin

Tribal

Code

section

11.4.10

Red

Cliff Band

of Lake Superior Chippewa

Indians

of Wisconsin

Tribal

Code

section

11.4.11

Red

Cliff Band

of Lake Superior Chippewa

Indians

of Wisconsin

Tribal

Code

section

11.4.5

Red

Cliff Band

of Lake Superior Chippewa

Indians

of Wisconsin

Tribal

Code

section

12.2.3

Red

Cliff Band

of Lake Superior Chippewa

Indians

of Wisconsin

Tribal

Code

section

12.2.19

Red

Cliff Band

of Lake Superior Chippewa

Indians

of Wisconsin

Tribal

Code

section

12.3.1

Red

Cliff Band

of Lake Superior Chippewa

Indians

of Wisconsin

Tribal

Code

section

12.4.1

Red

Cliff Band

of Lake Superior Chippewa

Indians

of Wisconsin

Tribal

Code

section

37.6.10

Red

Cliff Band

of Lake Superior Chippewa

Indians

of Wisconsin

Tribal

Code

section

55.2.10

Red

Cliff Band

of Lake Superior Chippewa

Indians

of Wisconsin

Tribal

Code

section

55.3.3

Resighini Rancheria. Tribal Water Quality Ordinance No. 01-2002 section 2. 2006

Resighini Rancheria. Tribal Water Quality Ordinance No. 01-2002 section 509. 2006

Resighini Rancheria. Tribal Water Quality Ordinance No. 01-2002 section 801. 2006

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance Appendix D

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance Appendix D section (e)

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance section 8.903 (b)

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance section 8.903 (bbbb)

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance section 8.903 (ffff)

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance section 8.903 (ii)

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance section 8.903 (jjj)

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance section 8.903 (1)

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States'" Rule December 2022

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Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance section 8.903 (mm)

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance section 8.903 (s)

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance section 8.903 (uu)

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance section 8.903 (zz)

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance section 8.904 (a)

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance section 8.905 (d)

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance section 8.915 (a)

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance section 8.915 (b)

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance section 8.915 (c)

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance section 8.920 (a)

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance section 8.921 (c)

Rosebud Sioux Tribe of the Rosebud Indian Reservation Tribal Code section 19-6-102 (2)
Rosebud Sioux Tribe of the Rosebud Indian Reservation Tribal Code section 19-6-102 (5)
Rosebud Sioux Tribe of the Rosebud Indian Reservation Tribal Code section 19-6-102 (6)
Rosebud Sioux Tribe of the Rosebud Indian Reservation Tribal Code section 19-6-102 (7)
Rosebud Sioux Tribe of the Rosebud Indian Reservation Tribal Code section 19-6-104
Rosebud Sioux Tribe of the Rosebud Indian Reservation Tribal Code section 19-6-110
S B. 0061, 101 (Mich. 2021)

S B. 389, 122 (Ind. 2021)

S B. 1043, 112 (Tenn. 2021)

S.C. Code section 48-1-10(2)

S.C. Code section 48-39-10(G)

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States'" Rule	December 2022

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S.C. Code section 49-1-10
S.C. Code section 8-39-10 et seq.

S.D. Codified Laws section 1-40-4.1
S.D. Codified Laws section 34A-12-12
S.D. Codified Laws section 34A-12-3
S.D. Codified Laws section 34A-2-100
S.D. Codified Laws section 34A-2-2(12)

S.D. Codified Laws section 34A-2-34
S.D. Codified Laws section 34A-2-53
S.D. Codified Laws section 41-2-18
S.J.Res.2, 151 (Del. 2021)

Saint Regis Mohawk Tribe. Akwesasne Wetlands Conservation Act section 01-0102(4). 2016

Saint Regis Mohawk Tribe. Akwesasne Wetlands Conservation Act section 01-0103(5). 2016

Saint Regis Mohawk Tribe. Akwesasne Wetlands Conservation Act section 01-0301. 2016

Seminole Tribe of Florida Tribal Code, Subtitle B

Seminole Tribe of Florida Tribal Water Code, Subtitle A section 3.6.3

Seminole Tribe of Florida Tribal Water Code, Subtitle B section 11.6

Seminole Tribe of Florida Tribal Water Code, Subtitle B section 12.2.5

Seminole Tribe of Florida Tribal Water Code, Subtitle B section 12.3.1.2

Seminole Tribe of Florida Tribal Water Code, Subtitle B section 13.4.5

Shoalwater Bay Indian Tribe of the Shoalwater Bay Indian Reservation Tribal Code section
23.02.230

Shoalwater Bay Indian Tribe of the Shoalwater Bay Indian Reservation Tribal Code section
23.02.240

Shoalwater Bay Indian Tribe of the Shoalwater Bay Indian Reservation Tribal Code section
23.03.010

Shoalwater Bay Indian Tribe of the Shoalwater Bay Indian Reservation Tribal Code section
23.03.020

Shoalwater Bay Indian Tribe of the Shoalwater Bay Indian Reservation Tribal Code section
23.03.340

Shoalwater Bay Indian Tribe of the Shoalwater Bay Indian Reservation Tribal Code section
23.06.010

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States'" Rule December 2022

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Shoalwater Bay Indian Tribe of the Shoalwater Bay Indian Reservation Tribal Code section
23.060.040

Shoalwater Bay Indian Tribe of the Shoalwater Bay Indian Reservation Tribal Code section
23.060.040

Shoalwater Bay Indian Tribe of the Shoalwater Bay Indian Reservation Tribal Code section
23.20.120

Shoalwater Bay Indian Tribe of the Shoalwater Bay Indian Reservation Tribal Code
section 23.03.110

Sisseton-Wahpeton Oyate

of the

Lake

Traverse

Reservation Tribal

Code

section

61-01-04

(m)

Sisseton-Wahpeton Oyate

of the

Lake

Traverse

Reservation Tribal

Code

section

61-02-02

(b)

Sisseton-Wahpeton Oyate

of the

Lake

Traverse

Reservation Tribal

Code

section

61-02-02

(e)(5)

Sisseton-Wahpeton Oyate

of the

Lake

Traverse

Reservation Tribal

Code

section

61-02-02

(h)

Sisseton-Wahpeton Oyate

of the

Lake

Traverse

Reservation Tribal

Code

section

61-02-04



Sisseton-Wahpeton Oyate

of the

Lake

Traverse

Reservation Tribal

Code

section

61-02-07



Sisseton-Wahpeton Oyate

of the

Lake

Traverse

Reservation Tribal

Code

section

61-03-05

(f)

Sisseton-Wahpeton Oyate

of the

Lake

Traverse

Reservation Tribal

Code

section

61-03-05

(1)

Sisseton-Wahpeton Oyate

of the

Lake

Traverse

Reservation Tribal

Code

section

61-03-05(n)

Sisseton-Wahpeton Oyate

of the

Lake

Traverse

Reservation Tribal

Code

section

61-03-06



Sisseton-Wahpeton Oyate

of the

Lake

Traverse

Reservation Tribal

Code

section

61-03-09



Skokomish Indian Tribe Codes and Ordinances section 6.03.116(a)
Skokomish Indian Tribe Codes and Ordinances section 6.03.116(t)
Skokomish Indian Tribe Codes and Ordinances section 6.03.122
Skokomish Indian Tribe Codes and Ordinances section 6.03.125
Skokomish Indian Tribe Codes and Ordinances section 6.03.128
Skokomish Indian Tribe Codes and Ordinances section 6.03.129
Skokomish Indian Tribe Codes and Ordinances section 6.03.130
Skokomish Indian Tribe Codes and Ordinances section 6.03.132
Skokomish Indian Tribe Codes and Ordinances section 6.03.145
Snoqualmie Indian Tribe Tribal Code Title II, Ch. 1 section 6.10
Snoqualmie Indian Tribe Tribal Code Title II, Ch. 1 section 6.11(d)
Snoqualmie Indian Tribe Tribal Code Title II, Ch. 1 section 6.13.1

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Snoqualmie Indian Tribe Tribal Code Title II, Ch. 1 section 6.13.2
Snoqualmie Indian Tribe Tribal Code Title II, Ch. 1 section 6.13.3
Snoqualmie Indian Tribe Tribal Code Title II, Ch. 1 section 6.13.7
Snoqualmie Indian Tribe Tribal Code Title II, Ch. 1 section 6.4.4
Snoqualmie Indian Tribe Tribal Code Title VI, Ch. 1 section 3.0
Snoqualmie Indian Tribe Tribal Code Title VI, Ch. 1 section 4.0
Snoqualmie Indian Tribe Tribal Code Title VI, Ch. 1 section 5.0
State Water Resources Control Board Resolution No. 2021-0012. 2021
Stockbridge Munsee Community Tribal Code section 34.2(B)

Stockbridge Munsee Community Tribal Code section 34.2(E)

Stockbridge Munsee Community Tribal Code section 34.2(G)

Stockbridge Munsee Community Tribal Code section 34.24
Stockbridge Munsee Community Tribal Code section 34.39
Stockbridge Munsee Community Tribal Code section 34.41
Stockbridge Munsee Community Tribal Code section 34.42
Stockbridge Munsee Community Tribal Code section 34.43
Stockbridge Munsee Community Tribal Code section 34.45

Susanville Indian Rancheria. Discharge of Pollutants into the Waters of the Susanville Indian
Rancheria Ordinance No. 2003-01 section III (6). 2003

Susanville Indian Rancheria. Discharge of Pollutants into the Waters of the Susanville Indian
Rancheria Ordinance No. 2003-01 section III (3). 2003

Susanville Indian Rancheria. Discharge of Pollutants into the Waters of the Susanville Indian
Rancheria Ordinance No. 2003-01 section II. 2003

Susanville Indian Rancheria. Discharge of Pollutants into the Waters of the Susanville Indian
Rancheria Ordinance No. 2003-01 section IV. 2003

Susanville Indian Rancheria. Discharge of Pollutants into the Waters of the Susanville Indian
Rancheria Ordinance No. 2003-03 section III (6). 2003

Swinomish Indian Tribal Community Tribal Code section 19.06.030 (H)

Swinomish Indian Tribal Community Tribal Code section 19.06.030 (M)

Swinomish Indian Tribal Community Tribal Code section 19.06.080 (A)(46)

Swinomish Indian Tribal Community Tribal Code section 19.06.110

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Swinomish

Indian

Tribal

Community

Tribal

Code

section

19.06.130

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-04.060 (C)

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-04.060 (R)

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-04.070 (A)(1)

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-04.070 (A)(13)

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-04.070 (A)(35)

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-04.070 (A)(4)

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-04.070 (A)(41)

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-04.070 (A)(53)

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-04.100(5)

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-04.200 (A)

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-04.270

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-04.280

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-04.330(D)

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-04.410

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-04.460

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-04.510

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-06.080 (A)(19)

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-06.080 (A)(36)

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-06.080 (A)(40)

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-06.080 (A)(44)

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-06.150 (C)

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-04.080 (A)

Te-Moak Tribe of Western Shoshone Indians of Nevada. Water Pollution Ordinance No. 98-
ORD-TM-Ol section 2(D)

Te-Moak Tribe of Western Shoshone Indians of Nevada. Water Pollution Ordinance No. 98-
ORD-TM-Ol section 2(G)

Te-Moak Tribe of Western Shoshone Indians of Nevada. Water Pollution Ordinance No. 98-
ORD-TM-Ol section 3

Tenn. Code section 4-5-226(k)

Tenn. Code section 50-3-101 et seq.

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States'" Rule	December 2022

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Tenn. Code section 68-212-114
Tenn. Code section 68-216-103
Tenn. Code section 69-3-103
Tenn. Code section 69-3-108
Tex. Nat. Res. Code section 40.202
Tex. Nat. Res. Code section 40.251
Tex. Water Code section 26.001(5)

Tex. Water Code section 26.017(5)

The Laws of the Gros Ventre and Assiniboine Tribes of Fort Belknap, Title X, Fish and Wildlife
Conservation Code, Section 7.05

The Laws of the Gros Ventre and Assiniboine Tribes of Fort Belknap, Title X, Fish and Wildlife
Conservation Code, Section 12.18

Tohono O'odham Nation of Arizona Tribal Code section 25.3
Tohono O'odham Nation of Arizona Tribal Code section 25.3.3101(A)

Tohono O'odham Nation of Arizona Tribal Code section 25.3.3103
Tohono O'odham Nation of Arizona Tribal Code section 25.3.3305(A)

Tohono O'odham Nation of Arizona Tribal Code section 25.5.1
Tohono O'odham Nation of Arizona Tribal Code section 25.5.5(f)

Tohono O'odham Nation of Arizona Tribal Code section 25.5.5(h)

Tulalip Tribes of Washington Tribal Code section 7.110.020
Tulalip Tribes of Washington Tribal Code section 7.110.0401
Tulalip Tribes of Washington Tribal Code section 7.110.050 (1)

Tulalip Tribes of Washington Tribal Code section 7.110.070
Tulalip Tribes of Washington Tribal Code section 7.115.060
Tulalip Tribes of Washington Tribal Code section 7.120.020
Tulalip Tribes of Washington Tribal Code section 7.120.030
Tulalip Tribes of Washington Tribal Code section 7.120.040
Tulalip Tribes of Washington Tribal Code section 8.20.050 (10)

Tulalip Tribes of Washington Tribal Code section 8.20.050 (17)

Tulalip Tribes of Washington Tribal Code section 8.20.050 (18)

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States'" Rule December 2022

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Tulalip

Tribes

of Washington

Tribal Code

section <¦

5.20.100

Tulalip

Tribes

of Washington

Tribal Code

section S

5.20.130

Tulalip

Tribes

of Washington

Tribal Code

section S

5.20.140

Tulalip

Tribes

of Washington

Tribal Code

section S

5.20.220

Tulalip

Tribes

of Washington

Tribal Code

section S

5.20.230

Tulalip

Tribes

of Washington

Tribal Code

section S

5.20.240

Tulalip

Tribes

of Washington

Tribal Code

section S

5.20.280

Tulalip

Tribes

of Washington

Tribal Code

section S

5.20.290

Tulalip

Tribes

of Washington

Tribal Code

section S

5.20.440

Tulalip

Tribes

of Washington

Tribal Code

section S

5.20.450

Tulalip

Tribes

of Washington

Tribal Code

section S

5.30.010

Tulalip

Tribes

of Washington

Tribal Code

section S

5.35.130

Turtle Mountain Band of Chippewa

Indians

of North

Dakota.

Tribal

Code

section

30.0101

Turtle Mountain Band of Chippewa

Indians

of North

Dakota.

Tribal

Code

section

30.0103

Turtle Mountain Band of Chippewa

Indians

of North

Dakota.

Tribal

Code

section

30.0105 (15)

Turtle Mountain Band of Chippewa

Indians

of North

Dakota.

Tribal

Code

section

30.0401

Turtle Mountain Band of Chippewa

Indians

of North

Dakota.

Tribal

Code

section

30.0405

Turtle Mountain Band of Chippewa

Indians

of North

Dakota.

Tribal

Code

section

31.0602

Utah Code section 19-5-102
Utah Code section 19-5-105
Utah Code section 19-5-115
Utah Code section 53-7-106
Utah Code section 73-3-29
Va. Code section 28.2-13
Va. Code section 62.1-44.15(10)
Va. Code section 62.1-44.15(3a)
Va. Code section 62.1-44.15
Va. Code section 62.1-44.15:1
Va. Code section 62.1-44.19:7(B)

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States'" Rule December 2022

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Va. Code section 62.1-44.3

Va. Code section 62.1-44.5

Vt. Stat. tit. 10, section 1251(13)

Vt. Stat. tit. 10, section 1253

Vt. Stat. tit. 10, section 1929a, chapter 159

Vt. Stat. tit. 10, section 6081

Vt. Stat. tit. 10, section 6612

Vt. Stat. tit. 10, section 6615

Vt. Stat. tit. 10, section 6615d

Vt. Stat. tit. 10, section 902(3)

Vt. Stat. tit. 10, section 902(5)

W. Va. Code section 22-11-22

W. Va. Code section 22-11-25

W. Va. Code section 22-11-29

W. Va. Code section 22-l-3a

W. Va. Code section 22-19-2

W. Va. Code section 22-30

W. Va. Code section 22-31

W. Va. Code section 22-5-4

W.Va. Code section 22-11-3(23)

Waganakising Odawak Nation. Tribal Code section 4.403.K

Waganakising Odawak Nation. Waganakising Odawak Statute 2006.016 section I.B. 2006
Waganakising Odawak Nation. Waganakising Odawak Statute 2006.016 section II(K). 2006
Waganakising Odawak Nation. Waganakising Odawak Statute 2006.016 section II. 2006
Waganakising Odawak Nation. Waganakising Odawak Statute 2006.016 section II.B. 2006
Waganakising Odawak Nation. Waganakising Odawak Statute 2006.016 section III(B). 2006
Waganakising Odawak Nation. Waganakising Odawak Statute 2006.016 section 111(D). 2006
Waganakising Odawak Nation. Waganakising Odawak Statute 2006.016 section III(E). 2006
Waganakising Odawak Nation. Waganakising Odawak Statute 2006.016 section III(G). 2006

Supplementary Material to the Economic Analysis for Final "Revised Definition of 'Waters of the United
States'" Rule	December 2022

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Waganakising Odawak Nation. Waganakising Odawak Statute 2006.016 section 111(H). 2006

Waganakising Odawak Nation. Waganakising Odawak Statute 2006.016 section III(I). 2006

Waganakising Odawak Nation. Waganakising Odawak Statute 2006.016 section VIII(A). 2006

Wash. Rev. Code section 36.70A.030(23)

Wash. Rev. Code section 77.55

Wash. Rev. Code section 90.48

Wash. Rev. Code section 90.48.020

Wash. Rev. Code section 90.56.330

Wash. Rev. Code section 90.56.360

Wash. Rev. Code section 90.56.500

White Mountain Apache Tribe of the Fort Apache Reservation Environmental Code Preamble

White Mountain Apache Tribe of the Fort Apache Reservation Environmental Code section 3.1
(A)

White Mountain Apache Tribe of the Fort Apache Reservation Environmental Code section 3.1

(C)

White Mountain Apache Tribe of the Fort Apache Reservation Environmental Code section 3.2

(D)	(3)

White Mountain Apache Tribe of the Fort Apache Reservation Environmental Code section
3.3(A)(1)

White Mountain Apache Tribe of the Fort Apache Reservation Environmental Code section 3.6
(L)

White Mountain Apache Tribe of the Fort Apache Reservation Environmental Code section 3.6
(M)

White Mountain Apache Tribe of the Fort Apache Reservation Environmental Code section 3.6
(N)

White Mountain Apache Tribe of the Fort Apache Reservation Environmental Code section
3.8(A)(63)

White Mountain Apache Tribe of the Fort Apache Reservation Environmental Code section
3.8(A)(78)

White Mountain Apache Tribe of the Fort Apache Reservation Environmental Code section
3.8(A)(79)

White Mountain Apache Tribe of the Fort Apache Reservation Environmental Code section
3.8(A)(81)

Supplementary Material to the Economic Analysis for Final "Revised Definition of 'Waters of the United
States'" Rule	December 2022

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Wis. Stat, chapter 30
Wis. Stat, chapter 31
Wis. Stat, section 23.32(1)

Wis. Stat, section 281.01(18)

Wis. Stat, section 281.36
Wis. Stat, section 283.11(2)

Wis. Stat, sections 292.98 to .99
Wyo. Stat, section 35-11-103(c)(vi)

Wyo. Stat, section 35-11-103(c)(x)

Wyo. Stat, section 35-11-901
Wyo. Stat, section 35-11-903

Yurok Tribe of the Yurok Reservation. Water Pollution Control Ordinance section 1.2.1. 2009

Yurok Tribe of the Yurok Reservation. Water Pollution Control Ordinance section 1.2.2. 2009

Yurok Tribe of the Yurok Reservation. Water Pollution Control Ordinance section 1.3. 2009

Yurok Tribe of the Yurok Reservation. Water Pollution Control Ordinance section 1.4. 2009

Yurok Tribe of the Yurok Reservation. Water Pollution Control Ordinance section 2. 2009

Yurok Tribe of the Yurok Reservation. Water Pollution Control Ordinance section 4.1. 2009

Yurok Tribe of the Yurok Reservation. Water Pollution Control Ordinance section 5. 2009

Yurok Tribe of the Yurok Reservation. Yurok Tribe Water Pollution Control Ordinance.
http://www.vuroktribe.org/government/councilsupport/documents/FinalYurokWaterPollutionCo
ntrolOrdinance 120705 .pdf

Executive Orders

Md. Exec. Order No. 01.01.1996.03 (1996)

N.J. Exec. Order No. 2 (Gov. Christie), Jan. 20, 2010
N.J. Exec. Order No. 27 (Gov. Whitman), Nov. 2, 1994
Pa. Exec. Order No. 1996-1, Feb. 6, 1996

Regulations: Federal

33 C.F.R. section 32.93
33 C.F.R. section 328

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States'" Rule	December 2022

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33

C.F.R.

section 328.3

33

C.F.R.

section 328.3(b)

33

C.F.R.

section 328.3(c)

33

C.F.R.

section 328.3(c)(1)

40

C.F.R.

section 110

40

C.F.R.

section 112

40

C.F.R.

section 116

40

C.F.R.

section 117

40

C.F.R.

section 120.2(c)(1)

40

C.F.R.

section 122

40

C.F.R.

section 122.2

40

C.F.R.

section 123

40

C.F.R.

section 125

40

CFR section 131

40

C.F.R.

section 131.35(d)(3)

40

C.F.R.

230.3

40

C.F.R.

section 232.2

40

C.F.R.

section 232.2

40

C.F.R.

section 232.2

40

C.F.R.

section 232.2(r)

40

C.F.R.

section 233

40

C.F.R.

section 423.1 l(m)

United States Army Corps of Engineers. Final Rule for Regulatory Programs of the Corps of
Engineers. 51 Fed. Reg. 41,206 (Nov. 13, 1986) (to be codified at 33 CFR Parts 320, 321, 322,
323, 324, 325, 326, 327, 328, 329 and 330)

United States Army Corps of Engineers and United States Environmental Protection Agency.
Clean Water Act Regulatory Programs. 58 Fed. Reg. 45,034 (August 25, 1993) (to be codified at
33 CFR Parts 323 and 328; and 40 CFR Parts 110, 112, 116, 117, 122, 230, 232 and 401)

United States Environmental Protection Agency. Amendments to the Water Quality Standards
Regulation that Pertain to Standards on Indian Reservations. 56 Fed. Reg. 64,876 (December 12,
1991) (to be codified at 40 CFR Part 131)

Supplementary Material to the Economic Analysis for Final "Revised Definition of 'Waters of the United
States'" Rule	December 2022

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United States Environmental Protection Agency. National Pollutant Discharge Elimination
System Permit Application Regulations for Storm Water Discharges. 55 Fed. Reg. 47,990
(November 16, 1990) (to be codified at 40 CFR Parts 122,123, and 124)

United States Environmental Protection Agency. National Pollutant Discharge Elimination
System - Regulations for Revision of the Water Pollution Control Program Addressing Storm
Water Discharges. 64 Fed. Reg. 68,722 (December 8, 1999) (to be codified at 40 CFR Parts 9,
122, 123, and 124)

United States Environmental Protection Agency. Revised Interpretation of Clean Water Act
Tribal Provision. 81 Fed. Reg. 30,183 (May 16, 2016) (to be codified as 40 CFR Parts 123, 131,
233 and 501)

United States Environmental Protection Agency. State Program Requirements; Approval of
Application by Oklahoma to Administer the National Pollutant Discharge Elimination System
(NPDES) Program. 61 Fed. Reg. 65047-65053 (Dec. 10, 1996)

Regulations: States, Tribes, and Other United States Jurisdictions

020.0011.2 Wyo. Code R. section 2

117 Neb. Admin. Code, ch. 1, section 082

126 Neb. Admin. Code ch. 18

138.00.07-003 Ark. Code R.

153 Neb. Admin. Code, ch. 17

15AN.C. Admin. Code 02B.0202

15AN.C. Admin. Code 2H.1301 et seq.

15ANCAC 02H 0.1400 et seq.

15ANCAC 02H 0.1301 (Revision)

18 Guam Admin. R. & Regs section 3504(b)

250 R.I. Code R. 140-25-2

250 R.I. CodeR. 150-15-2

30 Tex. Admin. Code chapter 307

30 Tex. Admin. Code chapter 334

30 Tex. Admin. Code section 307.3(a)(84)

4	Pa. Code section 1.371(5)

401 Ky. Admin. Regs. 5:002(177)

5	Colo. Code Regs. Sections 1002-31.5(51)

Supplementary Material to the Economic Analysis for Final "Revised Definition of 'Waters of the United
States'" Rule	December 2022

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527 Mass. Code Regs. 5.00, 9.00

675 Ind. Admin. Code 22-2.3

7 Colo. Code Regs, sections 1101-14

7-1352 Del. Admin. Code 1.0 et seq.

7-7201 Del. Admin. Code 2.0

7-7502 Del. Admin. Code 5.0

815 Ky. Admin. Regs. 7:120(3)(7)(i)

9 Va. Admin. Code section 25-210-10 et seq.

Ala. Admin. Code r. 220-4-.01 et seq.

Ala. Admin. Code r. 335-13-1-.03(146)

Ala. Admin. Code r. 335-6-7-.il

Ala. Admin. Code r. 335-6-15

Ala. Admin. Code r. 335-8-l-.02(nnn)

Ala. Admin. Code r. 335-8-2-.02

Ala. Admin. Code r. 335-8-2-.03

Alaska Admin. Code tit. 18, chapter 75

Alaska Admin. Code tit. 11, section 61.010 et seq.

Alaska Admin. Code tit. 18, section 75.990(44)

Alaska Admin. Code tit. 18, section 75.990(110)

Am. Samoa Admin. Code section 24.0201

Am. Samoa Admin. Code sections 26.0201 et seq.

Ariz. Admin. Code section 18-11-101(49)

Ariz. Admin. Code section 4-36-201 et seq.

Arkansas Pollution Control and Ecology Commission. Regulation No. 12. 2014. Available at
https://www.adeq.state.ar.us/regs/files/regl2 final 180908.pdf

Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation.
Water Quality Standards section (D)(43). 2011

Cal. Code Regs. tit. 14, section 13577(b)(1)

Coeur d'Alene Tribe. Water Quality Standards for Approved Surface Waters of the Coeur
D'Alene Tribe section 1(3). 2017

Supplementary Material to the Economic Analysis for Final "Revised Definition of 'Waters of the United
States'" Rule	December 2022

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Coeur d'Alene Tribe. Water Quality Standards for Approved Surface Waters of the Coeur
D'Alene Tribe section 10. 2017

Coeur d'Alene Tribe. Water Quality Standards for Approved Surface Waters of the Coeur
D'Alene Tribe section 2. 2017

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Aquatic Lands
Conservation Ordinance Regulations, Part I, Section 1.3

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Aquatic Lands
Conservation Ordinance Regulations, Part I, Section 1,4(o)

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Aquatic Lands
Conservation Ordinance Regulations, Part I, Section 1.1

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Aquatic Lands
Conservation Ordinance Regulations, Part III, Section 1(c)

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Aquatic Lands
Conservation Ordinance Regulations, Part III, Section 1(e)

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Aquatic Lands
Conservation Ordinance Regulations, Part III, Section 1(f)

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Aquatic Lands
Conservation Ordinance Regulations, Part III, Section 1(h)

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Aquatic Lands
Conservation Ordinance Regulations, Part III, Section 1(1)

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Aquatic Lands
Conservation Ordinance Regulations, Part III, Section l(p)

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Shoreline Protection
Regulations Chapter 1.2

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Shoreline Protection
Regulations Chapter 2.11

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Shoreline Protection
Regulations Chapter 2.13

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Shoreline Protection
Regulations Chapter 2.25

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Shoreline Protection
Regulations Chapter 2.26

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Shoreline Protection
Regulations Chapter 2.35

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Shoreline Protection
Regulations Chapter 2.43

Supplementary Material to the Economic Analysis for Final "Revised Definition of 'Waters of the United
States'" Rule December 2022

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Confederated Tribes of the Chehalis Reservation. Surface Water Quality Standards section 2(22).
1996

Confederated Tribes of the Chehalis Reservation. Surface Water Quality Standards section 2(29).
1996

Confederated Tribes of the Chehalis Reservation. Surface Water Quality Standards section 2(7).
1996

D.C. Mun. Regs., tit. 21, section 600

D.C. Mun. Regs., tit. 21, section 2500-2505, 2599

Fla. Admin. Code chapter 62-762

Ga. Comp. R. & Regs. 391-3-16.03(3)

Grand Portage Band of the Minnesota Chippewa
Quality Standards section IV. 2017

Grand Portage Band of the Minnesota Chippewa
Quality Standards section V. 2017

Grand Portage Band of the Minnesota Chippewa
Quality Standards section V.E. 2017

Grand Portage Band of the Minnesota Chippewa
Quality Standards section VI. 2017

Grand Portage Band of the Minnesota Chippewa
Quality Standards section VII. 2017

Haw. Code R. section 11-54-1

Haw. Code R. section 11-54-4

Haw. Code R. section 13-169-50 et seq.

Haw. Code R. section 15-150

Haw. Code R. sections 13-169-50 et seq.

Hopi Tribe of Arizona. Hopi Water Quality Standards section 1.105. 2010

Hopi Tribe of Arizona. Hopi Water Quality Standards section 4.102.D. 2010

Hopi Tribe of Arizona. Hopi Water Quality Standards. Chapter 8. 2010

Idaho Admin. Code r. 58.01.25.010(01)(110)

111. Admin. Code tit. 41, section 180.20

Iowa Admin. Code r. 567-70.1 et seq.

Iowa Admin. Code r. 571-13.1 et seq.

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States'" Rule December 2022

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Tribe. Grand Portage Reservation Water
Tribe. Grand Portage Reservation Water
Tribe. Grand Portage Reservation Water
Tribe. Grand Portage Reservation Water
Tribe. Grand Portage Reservation Water

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Kalispel Indian Community of the Kalispel Reservation. Water
Waters within the Kalispel Indian Reservation section 12(f)

Kalispel Indian Community of the Kalispel Reservation. Water
Waters within the Kalispel Indian Reservation section 4

Kan.

Admin.

Regs.

section

28-16-28b(fff)(3)

Kan.

Admin.

Regs.

section

28-44-12 et seq.

Kan.

Admin.

Regs.

section

5-40

Kan.

Admin.

Regs.

section

5-41

Kan.

Admin.

Regs.

section

5-42

Kan.

Admin.

Regs.

section

5-43

Kan.

Admin.

Regs.

section

5-45

Kan.

Admin.

Regs.

section

5-46

La. Admin. Code tit. 33, chapter 9

Kletsel Environmental Regulatory Authority. Kletsel Dehe Wintun Nation,

Standards section 1. 2020

Kletsel Environmental Regulatory Authority. Kletsel Dehe Wintun Nation,

Standards section 2.2. 2020

Kletsel Environmental Regulatory Authority. Kletsel Dehe Wintun Nation,

Standards section 3.1. 2020

Kletsel Environmental Regulatory Authority. Kletsel Dehe Wintun Nation,

Standards section 4.1. 2020

Kletsel Environmental Regulatory Authority. Kletsel Dehe Wintun Nation,

Standards section 2.1. 2020

Kletsel Environmental Regulatory Authority. Kletsel Dehe Wintun Nation,

Standards section 2.2. 2020

Kletsel Environmental Regulatory Authority. Kletsel Dehe Wintun Nation,

Standards section 2.3.1. 2020

Lummi Tribe of the Lummi Reservation. Water Quality Standards for Surface Waters of the
Lummi Indian Reservation section 17 LAR 06. 2007

Lummi Tribe of the Lummi Reservation. Water Quality Standards for Surface Waters of the
Lummi Indian Reservation section 17 LAR 07.020. 2007

Lummi Tribe of the Lummi Reservation. Water Quality Standards for Surface Waters of the
Lummi Indian Reservation section 17 LAR 07.190(c). 2007

Quality Standards Applicable to
Quality Standards Applicable to

Water Quality
Water Quality
Water Quality
Water Quality
Water Quality
Water Quality
Water Quality

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Lummi Tribe of the Lummi Reservation. Wetland Management Regulations. 2010. Available at
https://www.lummi-nsn.gOv/userfiles/l WetlandManagementRegulationsl7LAR06 2010.pdf

Makah Indian Tribe of the Makah Reservation. Water Quality Standards for Surface Waters. Part
I, Section 2. 2006

Md. Code Regs. 26.10.01

Miccosukee Tribe of Indians. Water Quality

Miccosukee Tribe of Indians. Water Quality

Miccosukee Tribe of Indians. Water Quality

Miccosukee Tribe of Indians. Water Quality

Miccosukee Tribe of Indians. Water Quality

Minn. R. 7151.1100

Mo. Code Regs. tit. 10, 20-7.031(1)(FF)

Mo. Code Regs. tit. 26, 414.012 et seq.

Mont. Admin. R. 17.30.502(12)

Mont. Admin. R. 17.58.326

N. Mar. I. Admin Code section 15-10-001 et seq.

N. Mar. I. Admin Code section 65-130-001

N. Mar. I. Admin Code section 65-130-015(aa)

N. Mar. I. Admin Code section 65-130-015(1)

N. Mar. I. Admin Code section 65-5-001 et seq.

65 N. Mar. I. Code 130 et seq.

N.H. Code Admin. R. Env-Or 300

N.J. Admin. Code section 7: IE

N.M. Code R. section 20.5

N.M. Code R. section 20.6.4.7.W(4)

Nev. Admin. Code section 321.448

Nev. Admin. Code section 322.060

Nev. Admin. Code section 459.9921

Nev. Admin. Code section 477.323

Ohio Admin. Code 1301:7-7-01 et seq.

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States'" Rule	December 2022

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Standards

for

Surface

Waters

section

I B. 2010

Standards

for

Surface

Waters

section

I D. 2010

Standards

for

Surface

Waters

section

l .H. 2010

Standards

for

Surface

Waters

section

5. 2010

Standards

for

Surface

Waters

section

8. 2010

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Ohio Rev. Code section 6111.021 et seq.

Okla. Admin. Code 165:26-1 et seq.

Okla. Admin. Code 252:205-13-1.

Okla. Admin. Code 252:205-23-2.

Okla. Admin. Code 460:30-1-3
Or. Admin. R. 340-055-0010
Or. Admin. R. 660-015-0010
Or. Admin. R. 837-040-0010 et seq.

Port Gamble S'Klallam Tribe. Water Quality Standards for Surface Waters section 1(3)

Port Gamble S'Klallam Tribe. Water Quality Standards for Surface Waters section 2

Pueblo of Acoma. Water Quality Standards section I.B. 2005

Pueblo of Acoma. Water Quality Standards section VII. 2005

Pueblo of Laguna. Water Quality Standards section 11-2-1 A. 2017

Pueblo of Laguna. Water Quality Standards section 11-2-3(37). 2017

Pueblo of Laguna. Water Quality Standards section 11-2-3(38). 2017

Pueblo of Laguna. Water Quality Standards section 11-2-3(43). 2017

Pueblo of Laguna. Water Quality Standards section 11-2-3(48). 2017

Pueblo of Nambe. Water Quality Code section 11-2-1 A. 2017

Pueblo of Nambe. Water Quality Code section III.P. 2017

Pueblo of Nambe. Water Quality Code section VI. 2017

Pueblo of Pojoaque. Water Quality Standards section I.C. 2015

Pueblo of Pojoaque. Water Quality Standards section IV.D. 2015

Pueblo of Sandia. Water Quality Standards section III.P. 2009

Pueblo of Sandia. Water Quality Standards section IV.K. 2009

Pueblo of Sandia. Water Quality Standards section V.D. 2009

Pueblo of Sandia. Water Quality Standards section VII. 2009

Pueblo of Santa Ana. Water Quality Standards section 1. 2013

Pueblo of Santa Ana. Water Quality Standards section 2. 2013

Pueblo of Santa Ana. Water Quality Standards section 59. 2013

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States'" Rule December 2022

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Pueblo of Santa Ana. Water Quality Standards section I. A. 2013
Pueblo of Santa Clara. Water Quality Standards section II. A. 2002
Pueblo of Santa Clara. Water Quality Standards section II.B.l. 2002
Pueblo of Santa Clara. Water Quality Standards section III. 2002
Pueblo of Santa Clara. Water Quality Standards section VII. 2002
Pueblo of Taos. Water Quality Standards section I. A. 2019
Pueblo of Taos. Water Quality Standards section III.G. 2019
Pueblo of Taos. Water Quality Standards section VII. 2019
Pueblo of Tesuque. Water Quality Standards section I.C. 2015

Pyramid Lake Paiute Tribe of the Pyramid Lake Reservation. Water Quality Control Plan section
II. 2015

S.C. Code Regs. 19-450
S.C. Code section 39-41-260
S.C. Code section 48-43-560
S.C. Code section 48-43-610
S.D. Admin. R. 41:04:03:01 et seq.

S.D. Admin. R. 74:51:01:01(53)

Saint Regis Mohawk Tribe. Water Quality Standards for the Saint Regis Mohawk Tribe section

I. A. 2016

Saint Regis Mohawk Tribe. Water Quality Standards for the Saint Regis Mohawk Tribe section

II. 2016

Saint Regis Mohawk Tribe. Water Quality Standards for the Saint Regis Mohawk Tribe section
IV.F. 2016

Saint Regis Mohawk Tribe. Water Quality Standards for the Saint Regis Mohawk Tribe section
VI. 2016

Sokaogon Chippewa Community. Water Quality Standards section I.B. [151.01], 2010

Sokaogon Chippewa Community. Water Quality Standards section II.B.l. [151.11], 2010

Sokaogon Chippewa Community. Water Quality Standards section IV. 2010

Sokaogon Chippewa Community. Water Quality Standards section V. 2010

Southern Ute Indian Tribe, Environmental Programs Division. Water Quality Standards for
Surface Waters on the Southern Ute Indian Reservation Section 1.7. 2022.

Supplementary Material to the Economic Analysis for Final "Revised Definition of 'Waters of the United
States'" Rule December 2022

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Southern Ute Indian Tribe, Environmental Programs Division. Water Quality Standards for
Surface Waters on the Southern Ute Indian Reservation Section 8.1. 2022.

Southern Ute Indian Tribe, Environmental Programs Division. Water Quality Standards for
Surface Waters on the Southern Ute Indian Reservation Section 10. 2022.

Spokane Tribe of the Spokane Reservation. Surface Water Quality Standards section 1. 2010

Spokane Tribe of the Spokane Reservation. Surface Water Quality Standards section 12. 2010

Spokane Tribe of the Spokane Reservation. Surface Water Quality Standards section 2. 2010

Tenn. Comp. R. & Regs. 0400-40-07-.03

Tenn. Comp. R. & Regs. 0400-4-7

Twenty-Nine Palms Band of Mission Indians of California. Tribal Water Quality Standards
section 1.5.83. 2015

Twenty-Nine Palms Band of Mission Indians of California. Tribal Water Quality Standards
section 1.5.92. 2015

Twenty-Nine Palms Band of Mission Indians of California. Tribal Water Quality Standards
section 1.5.95. 2015

Twenty-Nine Palms Band of Mission Indians of California. Tribal Water Quality Standards
section 1.6.1. 2015

United States Environmental Protection Agency. Water Quality Standards Regulations:
Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation. Available at
https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-assiniboine-and-sioux-tribes-
fort-peck-indian

United States Environmental Protection Agency. Water Quality Standards Regulations: Bad
River Band of the Lake Superior Chippewa Tribe. Available at https://www.epa.gov/wqs-
tech/water-qualitv-standards-regulations-bad-river-band-lake-superior-chippewa-tribe

United States Environmental Protection Agency. Water Quality Standards Regulations: Big Pine
Paiute Tribe of the Owens Valley. Available at https ://www. epa. gov/wq s-tech/water-qualitv-
standards-regulations-big-pine-paiute-tribe-owens-vallev

United States Environmental Protection Agency. Water Quality Standards Regulations: Big Pine
Paiute Tribe of the Owens Valley Section Vl.j. November 2005. Available at
https://www.epa.gov/sites/production/files/2014-12/documents/bigpine-tribe.pdf.

United States Environmental Protection Agency. Water Quality Standards Regulations:

Blackfeet Tribe. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-
blackfeet-tribe

United States Environmental Protection Agency. Water Quality Standards Regulations: Coeur
D'Alene Tribe of Indians, section 2. Available at https://www.epa.gov/wqs-tech/water-qualitv-
standards-regulations-coeur-dalene-tribe-indians

Supplementary Material to the Economic Analysis for Final "Revised Definition of 'Waters of the United
States'" Rule December 2022

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United States Environmental Protection Agency. Water Quality Standards Regulations: Coeur
D'Alene Tribe of Indians. Available at https://www.epa. gov/wqs-tech/water-qualitv-standards-
regulations-coeur-dalene-tribe-indians

United States Environmental Protection Agency. Water Quality Standards Regulations:
Confederated Salish and Kootenai Tribes of the Flathead Reservation. Available at
https://www.epa.gov/wqs-tech/water-quality-standards-regulations-confederated-salish-and-
kootenai-trib e s-fl athead

United States Environmental Protection Agency. Water Quality Standards Regulations:
Confederated Tribes of the Chehalis Reservation. Available at https://www.epa.gov/wqs-
tech/water-qualitv-standards-regulations-confederated-tribes-chehalis-reservation

United States Environmental Protection Agency. Water Quality Standards Regulations:
Confederated Tribes of the Colville Reservation. Available at https://www.epa.gov/wqs-
tech/water-qualitv-standards-regulations-confederated-tribes-colville-reservation

United States Environmental Protection Agency. Water Quality Standards Regulations:
Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indian Reservation. Available at
https://www.epa.gov/wqs-tech/water-quality-standards-regulations-confederated-tribes-coos-
lower-umpqua-and-siuslaw

United States Environmental Protection Agency. Water Quality Standards Regulations:
Confederated Tribes of the Goshute Reservation. Available at https ://www. epa. gov/wq s-
tech/water-qualitv-standards-regulations-confederated-tribes-goshute-reservation

United States Environmental Protection Agency. Water Quality Standards Regulations:
Confederated Tribes of the Umatilla Indian Reservation. Available at https://www.epa.gov/wqs-
tech/water-qualitv-standards-regulations-confederated-tribes-umatilla-indian-reservation-oregon

United States Environmental Protection Agency. Water Quality Standards Regulations:
Confederated Tribes of the Warm Springs Indian Reservation of Oregon. Available at
https://www.epa.gov/wqs-tech/water-quality-standards-regulations-confederated-tribes-warm-
springs-indian-reservation

United States Environmental Protection Agency. Water Quality Standards Regulations: Dry
Creek Rancheria Band of Pomo Indians. Available at https://www.epa.gov/wqs-tech/water-
qualitv-standards-regulations-dry-creek-rancheria-band-pomo-indians

United States Environmental Protection Agency. Water Quality Standards Regulations: Eastern
Band of Cherokee Indians. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-
regulations-eastern-band-cherokee-indians

United States Environmental Protection Agency. Water Quality Standards Regulations: Fond du
Lac Band of the Minnesota Chippewa. Available at https://www.epa.gov/wqs-tech/water-qualitv-
standards-regulations-fond-du-lac-band-minnesota-chippewa-tribe

United States Environmental Protection Agency. Water Quality Standards Regulations: Gila
River Indian Community. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-
regulations-gila-river-indian-communitv

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United States Environmental Protection Agency. Water Quality Standards Regulations: Grand
Portage Band of Minnesota Chippewa. Available at https ://www. epa. gov/wq s-tech/water-
qualitv-standards-regulations-grand-portage-band-minnesota-chippewa-tribe

United States Environmental Protection Agency. Water Quality Standards Regulations:
Havasupai Tribe. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-
regulations-havasupai-tribe

United States Environmental Protection Agency. Water Quality Standards Regulations: Hoopa
Valley Tribe. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-
hoopa-vallev-tribe

United States Environmental Protection Agency. Water Quality Standards Regulations: Hopi
Tribe. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-hopi-tribe

United States Environmental Protection Agency. Water Quality Standards Regulations:
Jamestown S'Klallam Tribe. Available at https://www.epa.gov/wqs-tech/water-quality-
standards-regulations-jamestown-sklallam-tribe

United States Environmental Protection Agency. Water Quality Standards Regulations: Karuk
Tribe. Available at https://www.epa.gov/wqs-tech/water-quality-standards-regulations-karuk-
tribe

United States Environmental Protection Agency. Water Quality Standards Regulations:
Keweenaw Bay Indian Community. Available at https://www.epa.gov/wqs-tech/water-quality-
standards-regulations-keweenaw-bay-indian-community.

United States Environmental Protection Agency. Water Quality Standards Regulations: Kletsel
Dehe Wintun Nation. Available at https://www.epa.gov/wqs-tech/water-quality-standards-
regul ati ons-kl etsel -dehe-wintun-nati on

United States Environmental Protection Agency. Water Quality Standards Regulations: Kalispel
Indian Community of the Kalispel Reservation. Available at https ://www. epa. gov/wq s-
tech/water-qualitv-standards-regulations-kalispel-indian-communitv-kalispel-reservation

United States Environmental Protection Agency. Water Quality Standards Regulations: La Jolla
Band of Luiseno Indians. Available at https://www.epa.gov/wqs-tech/water-quality-standards-
regul ati ons-1 a-j oil a-b and-lui seno-indi ans.

United States Environmental Protection Agency. Water Quality Standards Regulations: La Jolla
Band of Diegueno Mission Indians. Available at https://www.epa.gov/wqs-tech/water-quality-
standards-regulations-la-posta-band-diegueno-mission-indians

United States Environmental Protection Agency. Water Quality Standards Regulations: Lac du
Flambeau Band of Lake Superior Chippewa. Available at https://www.epa.gov/wqs-tech/water-
qualitv-standards-regulations-lac-du-flambeau-band-lake-superior-chippewa-tribe

United States Environmental Protection Agency. Water Quality Standards Regulations: Lummi
Nation. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-lummi-
nation

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United States Environmental Protection Agency. Water Quality Standards Regulations: Makah
Indian Tribe. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-
makah-indian-nation

United States Environmental Protection Agency. Water Quality Standards Regulations:
Miccosukee Tribe of Indians of Florida. Available at https://www.epa.gov/wqs-tech/water-
quality-standards-regulations-miccosukee-tribe-indians-florida

United States Environmental Protection Agency. Water Quality Standards Regulations: Northern
Cheyenne Tribe. Available at https://www.epa.gov/wqs-tech/water-quality-standards-
regulations-northern-cheyenne-tribe-northern-cheyenne-reservation.

United States Environmental Protection Agency. Water Quality Standards Regulations: Ohkay
Owingeh. Available at https://www.epa.gov/wqs-tech/water-quality-standards-regulations-
ohkay-owingeh-pueblo-formerly-pueblo-san-juan.

United States Environmental Protection Agency. Water Quality Standards Regulations: Pawnee
Nation. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-pawnee-
nation

United States Environmental Protection Agency. Water Quality Standards Regulations: Port
Gamble S'Klallam Tribe. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-
regulations-port-gamble-sklallam-tribe

United States Environmental Protection Agency. Water Quality Standards Regulations: Pueblo
of Acoma. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-
pueblo-acoma

United States Environmental Protection Agency. Water Quality Standards Regulations: Pueblo
of Isleta. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-pueblo-
i si eta

United States Environmental Protection Agency. Water Quality Standards Regulations: Pueblo
ofLaguna. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-
pueblo-laguna

United States Environmental Protection Agency. Water Quality Standards Regulations: Pueblo
of Nambe. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-
pueblo-nambe

United States Environmental Protection Agency. Water Quality Standards Regulations: Pueblo
of Picuris. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-
pueblo-picuris

United States Environmental Protection Agency. Water Quality Standards Regulations: Pueblo
of Pojoaque. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-
pueblo-poioaque

United States Environmental Protection Agency. Water Quality Standards Regulations: Pueblo
of Sandia. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-
pueblo-sandia

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United States Environmental Protection Agency. Water Quality Standards Regulations: Pueblo
of Santa Ana. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-
pueblo-santa-ana

United States Environmental Protection Agency. Water Quality Standards Regulations: Pueblo
of Santa Clara. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-
pueblo-santa-clara

United States Environmental Protection Agency. Water Quality Standards Regulations: Pueblo
of Taos. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-pueblo-
taos

United States Environmental Protection Agency. Water Quality Standards Regulations: Pueblo
of Tesuque. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-
pueblo-tesuque

United States Environmental Protection Agency. Water Quality Standards Regulations: Puyallup
Tribe. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-puvallup-
tribe

United States Environmental Protection Agency. Water Quality Standards Regulations: Pyramid
Lake Paiute Tribe. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-
regul ati ons-pyrami d-1 ake-paiute-trib e

United States Environmental Protection Agency. Water Quality Standards Regulations: Quartz
Valley Indian Community. Available at https://www.epa.gov/wqs-tech/water-quality-standards-
regulations-quartz-valley-indian-community-quartz-valley

United States Environmental Protection Agency. Water Quality Standards Regulations: Quinault
Indian Nation. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-
quinault-indian-nation

United States Environmental Protection Agency. Water Quality Standards Regulations: Red
Lake Band of Chippewa Indians. Available at https://www.epa.gov/wqs-tech/water-quality-
standards-regulations-red-lake-band-chippewa.

United States Environmental Protection Agency. Water Quality Standards Regulations:

Resighini Rancheria. Available at https://www.epa.gov/wqs-tech/water-quality-standards-
regulations-resighini-rancheria

United States Environmental Protection Agency. Water Quality Standards Regulations: Saint
Regis Mohawk Tribe. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-
regulations-saint-regis-mohawk-tribe

United States Environmental Protection Agency. Water Quality Standards Regulations: San
Carlos Apache Tribe. Available at https://www.epa.gov/wqs-tech/water-quality-standards-
regulations-san-carlos-apache-tribe

United States Environmental Protection Agency. Water Quality Standards Regulations: Seminole
of Florida. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-
seminole-florida

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United States Environmental Protection Agency. Water Quality Standards Regulations:
Shoshone-Bannock Tribes of the Fort Hall Reservation. Available at https://www.epa.gov/wqs-
tech/water-qualitv-standards-regulations-shoshone-bannock-tribes-fort-hall-reservation

United States Environmental Protection Agency. Water Quality Standards Regulations:
Shoshone-Paiute Tribes of the Duck Valley Reservation. Available at https://www.epa.gov/wqs-
tech/water-quality-standards-regulations-shoshone-paiute-tribes-duck-valley-reservation.

United States Environmental Protection Agency. Water Quality Standards Regulations:

Sokaogon Chippewa Community. Available at https://www.epa.gov/wqs-tech/water-qualitv-
standards-regulations-sokaogon-chippewa-communitv-formerly-mole-lake-band

United States Environmental Protection Agency. Water Quality Standards Regulations: Southern
Ute Indian Tribe. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-
regulations-southern-ute-indian-tribe

United States Environmental Protection Agency. Water Quality Standards Regulations: Spokane
Tribe. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-spokane-
tribe

United States Environmental Protection Agency. Water Quality Standards Regulations:
Swinomish Indian Tribal Community. Available at https://www.epa.gov/wqs-tech/water-qualitv-
standards-regulations-swinomish-indian-tribal-communitv

United States Environmental Protection Agency. Water Quality Standards Regulations: Table
Mountain Rancheria. Available at https://www.epa.gov/wqs-tech/water-quality-standards-
regulations-table-mountain-rancheria

United States Environmental Protection Agency. Water Quality Standards Regulations: Tulalip
Tribes of Washington. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-
regulations-tulalip-tribes-washington

United States Environmental Protection Agency. Water Quality Standards Regulations: Twenty-
Nine Palms Band of Mission Indians. Available at https://www.epa.gov/wqs-tech/water-qualitv-
standards-regulations-twentv-nine-palms-band-mission-indians

United States Environmental Protection Agency. Water Quality Standards Regulations: Ute
Mountain Ute Tribe. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-
regulations-ute-mountain-ute-tribe

United States Environmental Protection Agency. Water Quality Standards Regulations: Walker
River Paiute Tribe. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-
regulations-walker-river-paiute-tribe

United States Environmental Protection Agency. Water Quality Standards Regulations: White
Mountain Apache Tribe. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-
regulations-white-mountain-apache-tribe

United States Environmental Protection Agency. Water Quality Standards Regulations:
Winnebago Tribe of Nebraska. Available at https://www.epa.gov/wqs-tech/water-quality-
standards-regulations-winnebago-tribe-nebraska

Supplementary Material to the Economic Analysis for Final "Revised Definition of 'Waters of the United
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United States Environmental Protection Agency. Water Quality Standards Regulations:

Yerington Paiute Tribe. Available at https://www.epa.gov/wqs-tech/water-quality-standards-
regulations-yerington-paiute-tribe

Utah Admin. Code r. 317-8-1.5(60)

Ute Mountain Tribe of the Ute Mountain Reservation. Water
Waters section 11. 2011

Ute Mountain Tribe of the Ute Mountain Reservation. Water
Waters section 3. 2011

Ute Mountain Tribe of the Ute Mountain Reservation. Water
Waters section 8. 2011

Vt. Code R. section 12 004 056

W.Va. Code R. section 47-10-2.58

Wash. Admin. Code sections 173-180

Wash. Admin. Code sections 173-182

Wis. Admin. Code Comm. chapter 10

Wis. Admin. Code NR section 1.52(3)

Case Law: Federal Courts

Declaration of David Siebert, Division Administrator, Wisconsin DNR, State of California v.
Wheeler, civ. no. 3:20-cv-03005-RS, filed May 1, 2020

Florida Elec. Power Coordinating Group, Inc. v. Askew, 366 So.2d 1186, 1188 (Fla. Dist. Ct.
App., 1st Dist. 1978)

Federal Register Preamble References

Advance Notice of Proposed Rulemaking on the Clean Water Act Regulatory Definition of
"Waters of the United States." 68 Fed. Reg. 1,991 (January 15, 2003) (to be codified at 33 CFR
Part 328 and 40 CFR Parts 110, 112, 116, 117, 122, 230, 232, 300, and 401)

Clean Water Act Section 404 Program Definitions and Permit Exemptions; Section 404 State
Program Regulations. 53 Fed. Reg. 20,764 (June 6, 1988) (to be codified at 40 CFR Parts 232
and 233)

Guidance and Memoranda

California Environmental Protection Agency. Guidance for Regulation of Discharges to
"Isolated" Waters. June 2, 2004.

http://www.swrcb.ca.gov/water issues/programs/cwa401/docs/isol waters guid.pdf
Johnson, Patrick. Memorandum for the Record, dated August 19, 2021.

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Oregon Department of Environmental Quality. Memorandum to Environmental Quality
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United States Army Corps of Engineers. "Pennsylvania State Programmatic General Permit-5"
July 1, 2016. http://www.nap.usace.army.mil/Portals/39/docs/regulatory/spgp/PASPGP-
5.pdf?ver=2018-01 -12-111748-487.

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Arizona Department of Environment Quality. "WOTUS Screening Toolkit"
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Arizona Department of Environment Quality. "Draft Protected Surface Water List"
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Association of State Wetland Managers. 2014. Section 401 Certification Best Practices in
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Association of State Wetland Managers. 2015. Status and Trends Report on State Wetland
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Association of State Wetland Managers. 2015. New Jersey State Wetland Program Summary.
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California State Water Resources Control Board. 2019. State Wetland Definition and Procedures
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Colorado Department of Public Health & Environment. Waters of the United States and the
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States'" Rule December 2022

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United States Environmental Protection Agency. "Louisiana NPDES Permits."
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United States Environmental Protection Agency. "Massachusetts NPDES Permits."
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United States Environmental Protection Agency. "Minnesota NPDES Permits."
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United States Environmental Protection Agency. "Mississippi NPDES Permits."
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United States Environmental Protection Agency. "New Mexico NPDES Permits."
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United States Environmental Protection Agency. "New York NPDES Permits."
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United States Environmental Protection Agency. "North Carolina NPDES Permits."
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United States Environmental Protection Agency. "North Dakota NPDES Permits."
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States'" Rule December 2022

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United States Environmental Protection Agency. "Ohio NPDES Permits."
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United States Environmental Protection Agency. "Oklahoma NPDES Permits."
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United States Environmental Protection Agency. "Oregon NPDES Permits."
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United States Environmental Protection Agency. "Puerto Rico NPDES Permits."
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